RANDY ROOSEVELT WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Randy Walker, the defendant, appeals the trial court’s order summarily denying his postconviction motion under rule 3.850 of the Florida Rules of Criminal Procedure. The order recites that the defendant’s claims are conclusively refuted by attached portions of the record, but the portions of the record to which the court referred were not attached. Because the defendant has asserted several facially sufficient claims, the trial court erred in summarily denying the motion. Fla. R.Crim.P. 3.850(d). We reverse and remand this cause to the trial court for attachment of those portions of the record that conclusively refute appellant’s claims or an evidentiary hearing. Hall v. State, 603 So. 2d 650 (Fla. 1st DCA 1992); Wells v. State, 598 So. 2d 259 (Fla. 1st DCA 1992); Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995).
Reversed and remanded.
WEBSTER, MICKLE and PADOVANU, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilson v. State, 724 So. 2d 189 (Fla. 1st DCA 1999)…However, the cited portions of the record were not, in fact, attached to the order. Because all of appellant’s claims except two are sufficient on their face, we are constrained to reverse as to those facially sufficient claims. See Walker v. State 704 So. 2d 566 (Fla. 1st DCA 1997); Cooper v. State, 700 So. 2d 734 (Fla. 1st DCA 1997). On remand, if the trial court again determines that the claims are conclusively refuted by portions of the record, it shall attach those documents to its order denying relief;…
Authorities Cited
- Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995)
- Wells v. State, 598 So. 2d 259 (Fla. 1st DCA 1992)
- Hall v. State, 603 So. 2d 650 (Fla. 1st DCA 1992)