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Taylor v. State

District Court of Appeal of Florida, Fourth District
Aug 21, 1991
583 So. 2d 823 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-2069.

August 21, 1991.

Appeal of order denying rule 3.850 motion from the Circuit Court for Palm Beach County; Walter N. Colbath, Jr., Judge.

Theodore S. Booras, West Palm Beach, for appellant.

No appearance required for appellee.


The circuit court order summarily denying defendant's 3.850 motion for post-conviction relief failed to include the record attachments which conclusively show that defendant is entitled to no relief. (While some records are referred to in the order, they are not attached as required by Florida Rule of Criminal Procedure 3.850.) We therefore, reverse and remand to the trial court for an evidentiary hearing or for attachment of portions of the record showing the defendant is not entitled to relief. Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).

LETTS, WARNER and FARMER, JJ., concur.


Summaries of

Taylor v. State

District Court of Appeal of Florida, Fourth District
Aug 21, 1991
583 So. 2d 823 (Fla. Dist. Ct. App. 1991)
Case details for

Taylor v. State

Case Details

Full title:TIMOTHY TAYLOR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 21, 1991

Citations

583 So. 2d 823 (Fla. Dist. Ct. App. 1991)

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