LEVI CALHOUN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a denial of a motion to vacate a judgment and sentence after a conviction of attempted robbery and in the course of committing the robbery carrying a firearm. The trial judge denied the motion without an evidentiary hearing. The order issued by the court asserted that the records and files refuted the claims of the defendant, but no portion of the record or file was attached to the order. Rule 3.850, Fla.R.Crim.P. requires that when the denial of a motion for post conviction relief is not based on the legal insufficiency of the motion, “a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief shall be attached to the [order]” or an evidentiary hearing should be granted. Accordingly, this case is reversed and remanded with instructions for the trial court to attach that portion of the case file and record which refutes appellant’s allegations or to conduct an evidentiary hearing.
McCORD, C. J., and BOYER and MILLS, JJ., concur.
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Rubin James Mauldin v. State, 382 So. 2d 844 (Fla. 1st DCA 1980)…1971). Lastly, we note that the trial judge did not attach the portion of the record or file relied upon in denying appellant’s motion as is required by Rule 3.850, Florida Rules of Criminal Procedure, and this court’s decision in Calhoun v. State, 362 So. 2d 726 (Fla. 1st DCA 1978). Nevertheless, because we were able to obtain the record from the file of appellant’s prior appeal, we do not deem it necessary to reverse on this point. Accordingly, the order is AFFIRMED. ROBERT P. SMITH, Jr., and WENT-WORTH,…
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Dawson Eugene Havis v. State, 506 So. 2d 3 (Fla. 1st DCA 1987)…f Rule 3.850, the trial court should have attached to its order those portions of the files and records which conclusively show Havis is not entitled to any relief or the court should have held an evidentiary hearing on the matter. Calhoun v. State, 362 So. 2d 726 (Fla. 1st DCA 1978); Williams v. State, 440 So. 2d 512 (Fla. 4th DCA 1983). Neither action was taken below. Accordingly, we reverse and remand with directions to the trial court that it follow the requirements of Rule 3.850. Cookish v. State, 416 So…
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Rudolph v. State, 508 So. 2d 363 (Fla. 1st DCA 1987)…d on the legal insufficiency of the motion, “a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief shall be attached to the order,” or an evidentiary hearing be granted. Calhoun v. State, 362 So. 2d 726 (Fla. 1st DCA 1978). Neither action was taken by the court below. Accordingly, we remand this case to the trial court with instructions to (1) attach those portions of the case file and record which refute the appellant’s allegations, or (2) conduct…
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