471 So. 2d 661 | Fla. Dist. Ct. App. | 1985
Frank Lee Anderson appeals the trial court’s summary denial of his motion for post-conviction relief. The first of the trial court’s grounds for summary denial of the motion, that all of the issues raised in the motion could have been raised in a prior
The cause is therefore remanded to the trial court for an evidentiary hearing, for attachment of those portions of the record conclusively showing that appellant is entitled to no relief, or, if the record has been destroyed, for a determination by the trial judge of whether the state has been prejudiced to the extent that application of the doctrine of laches should be applied to bar appellant’s motion for post-conviction relief. Frazier v. State, 447 So.2d 959 (Fla. 1st DCA 1984); Remp v. State, 248 So.2d 677 (Fla. 1st DCA 1970).
