EDWARD EASTWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's summary denial of the motion was procedurally improper.
Edward Eastwood appealed the summary denial of his motion for ineffective assistance of counsel. The denial order did not state a rationale or attach …
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PLEUS, J.
Edward Eastwood appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the summary denial.
Eastwood’s motion, filed on August 26, 2004, alleges ineffective assistance of trial counsel at Eastwood’s resentencing. The denial order does not state the rationale for the denial nor does it have attached specific portions of the record to refute the claim.
The order does not comply with the procedural requirements of Rule' 3.850(d). In order to support a summary denial without a hearing, this provision of the rule requires that a trial court must either state its rationale in the decision or attach those specific parts of the record that refute each claim presented in the motion. See McLin v. State, 827 So. 2d 948 (Fla.2002); Anderson v. State, 627 So. 2d 1170, 1171 (Fla.1993). Accordingly, the order is reversed and remanded for the entry of a procedurally proper order. REVERSED AND REMANDED.
SAWAYA, C.J., and TORPY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McLIN v. State, 827 So. 2d 948 (Fla. 2002)
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)