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419 So. 2d 1118

Williams v. State

District Court of Appeal of Florida

Decided August 25, 1982

District Court of Appeal of Florida · decided 1982-08-25

Cited by 11 later decisions — most recently October 1999

11 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1982-08-25

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PER CURIAM.

¶1Robert L. Williams appeals the lower court’s denial of his motion for post-conviction relief. Where a motion for post-conviction relief is denied and the denial is not predicated on the insufficiency of the motion on its face, a copy of that portion of the files and records which conclusively shows that the movant is not entitled to relief must be attached to the order of denial. Fla.R.Crim.P. 3.850. In this case, there are no attachments to the order and there was no evidentiary hearing held. Accordingly, the cause is reversed and remanded to the lower court with instructions to hold an evidentiary hearing. Fla.R. App.P. 9.140(g).

¶2REVERSED AND REMANDED.

LETTS, C. J., and DELL and WALDEN, JJ., concur.
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