EDWARD JACKSON MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHIVERS, Chief Judge.
Appellant, Edward Jackson Morris, appeals the trial court’s summary denial of his motion for post-conviction relief, brought pursuant to Fla.R.Crim.P. 3.850, in which he raised four grounds for relief. We find that the trial court properly denied relief as to three of those grounds. With regard to appellant’s fourth ground, however — that his guilty plea was involuntarily entered — we reverse and remand for the trial court to either attach those portions of the files and records conclusively showing appellant to be entitled to no relief, or to order the State Attorney to file an answer and thereafter determine whether an evidentiary hearing is required. Fla.R. Crim.P. 3.850. Although the trial court stated in the order that its denial was based on portions of the record, those portions were not attached to the order. Accordingly, we affirm in part, reverse, and remand for further proceedings.
ERVIN and NIMMONS, JJ., concur.
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Chantay A. Cobb v. State, 582 So. 2d 81 (Fla. 1st DCA 1991)…to either attach those portions of the files and records which conclusively show Cobb is not entitled to relief, or to order the State Attorney to file an answer and thereafter determine whether an evidentia-ry hearing is required. Morris v. State, 553 So. 2d 321 (Fla. 1st DCA 1989). REVERSED and REMANDED. JOANOS and ZEHMER, JJ., concur.…
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Wannamaker v. State, 593 So. 2d 564 (Fla. 1st DCA 1992)…ay not be summarily denied because of “legal insufficiency” on its face, a copy of the portion of the record “which conclusively shows that the prisoner is entitled to no relief” must be attached to the trial court’s order. See also Morris v. State, 553 So. 2d 321 (Fla. 1st DCA 1989). We find that it was error for the lower court to deny the appellant’s 3.850 motion, and reverse and remand for the trial court to either attach those portions of the record which conclusively show the appellant to be entitled to…