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122 So. 3d 428

Gibson v. State

District Court of Appeal of Florida

Decided September 18, 2013

District Court of Appeal of Florida · decided 2013-09-18

Relies on 627 So. 2d 1170 - Anderson v. State · 121 So. 3d 419 - Alcorn v. State · Dieudonne v. State

Decided 2013-09-18

¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2By order, we granted appellant’s motion for rehearing and withdrew our May 1, 2013 opinion. We reverse and remand for further proceedings. The trial court erred in summarily denying appellant’s facially sufficient motion for postconviction relief without explanation and without attachments. Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007); Anderson v. State, 627 So.2d 1170 (Fla.1993).

¶3The State’s argument that the motion does not satisfy the pleading requirements of Alcorn v. State, 121 So.3d 419 (Fla.2013), may be addressed on remand.

¶4Reversed and remanded.

WARNER, CIKLIN and CONNER, JJ., concur.
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