Randall v. State, 555 So. 2d 417

PER CURIAM.

The order denying appellant’s motion for post conviction relief is reversed. The sworn motion specifically incorporates the fact allegations that were sworn to in the accompanying memorandum. Therefore, Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984) is inapposite.

On remand the trial court may either summarily deny the motion, attaching records which show that appellant is not entitled to relief, or hold an evidentiary hearing.

WALDEN, STONE and POLEN, JJ., concur.

Case Details

Case Name: Randall v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 20, 1989

Citations: 555 So. 2d 417; 1989 WL 153686; 1989 Fla. App. LEXIS 7251; No. 89-2845

Docket Number: No. 89-2845

Court Abbreviation: Fla. Dist. Ct. App.