JOHN MARK ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
John Mark Anderson appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the trial court’s order because the trial court failed to address the issues raised in Anderson’s motion or to attach relevant portions of the record. To support summary denial -without a hearing, a trial court must either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion. See Anderson v. State, 627 So. 2d 1170, 1171 (Fla.1993); Hoffman v. State, 571 So. 2d 449, 450 (Fla.1990). The trial court’s order failed to do either. Accordingly, we reverse the trial court’s order and remand for reconsideration. If the trial court again concludes that summary denial is proper, it must set forth its rationale and attach any relevant portions of the record that conclusively show relief is not required.
Reversed and remanded.
BLUE, A.C.J., and WHATLEY and GREEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ira Demetrius McPHERSON v. State, 787 So. 2d 104 (Fla. 2d DCA 2001)…s order as it applies to ground four and remand for further proceedings. If the trial court again denies this claim without an eviden-tiary hearing, it shall attach those portions of the record which conclusively refute the claim. Anderson v. State, 787 So. 2d 62 (Fla. 2d DCA 2001). Affirmed in part; reversed and remanded with instructions. PARKER, A.C.J., and WHATLEY, J„ concur.…
Authorities Cited
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
- Hoffman v. State, 571 So. 2d 449 (Fla. 1990)