EDWARD ROBERT SILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2008-10-08
No. 4D08-2114
TAYLOR, HAZOURI, JJ., and BLANC, PETER D., Associate Judge, concur.
993 So. 2d 1113 Florida District Court of Appeal, Fourth District (2008)


Opinion of the Court
PER CURIAM.

PER CURIAM.

Edward Robert Sills appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion, claiming the trial court reversibly erred in failing to grant him an evidentiary hearing on the allegations contained in his written motion for post-conviction relief or to attach those portions of the record which conclusively refute his claims. Without the record attachments conclusively showing that Sills is not entitled to relief, we vacate the trial court’s order denying a hearing on these points and remand this cause with directions to hold an evidentiary hearing on these grounds, or to attach those portions of the record which conclusively demonstrate that Sills is not entitled to relief. See McClendon v. State, 862 So. 2d 945, 945 (Fla. 4th DCA 2004). Reversed and Remanded With Directions.

TAYLOR, HAZOURI, JJ., and BLANC, PETER D., Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw