Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DANNY HAINES McCORKLE, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Appellant appeals the denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion contained allegations which, if true, constitute grounds for relief under the rule. In denying the motion, the trial judge relied on an affidavit submitted by the attorney who had represented appellant at the time of his conviction and sentence. Although the affidavit contained information which indicated that appellant was not entitled to relief, it was not part of the files and records in the case. The portions of the files and records which conclusively show that appellant is not entitled to relief were not attached to the order denying the motion. The order therefore does not comply with the requirements of Rule 3.850.

The cause is remanded with instructions to the trial court to attach those portions of the record which refute appellant's claims or to afford him an evidentiary hearing.

ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and WENTWORTH, JJ., concur.

Use AI to get other relevant cases.

Comments

McCORKLE v. STATE
(Sep 10, 1982)