Public-domain · open source
OpenJurist

453 So. 2d 147

Oatsvall v. State

District Court of Appeal of Florida · decided 1984-07-13

Cited by 2 later decisions — most recently July 1985

2 state decisions

Relies on 238 So. 2d 598 - State v. Reynolds · Wilcox v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-07-13

View the full empirical analysis of this case →

J0AN0S, Judge.

¶1Oatsvall appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. His motion alleged that his *148plea of guilty to the charge of larceny of an automobile was entered involuntarily because it was not made with an understanding of the nature of the charge or the consequences of the plea. No portion of the file or record was attached to the order denying appellant’s motion. Instead, the order recited that the trial court had reviewed the motion and found “that the defendant is entitled to no relief.”

¶2Appellant’s motion appears to be facially sufficient. Therefore, it was error for the trial court to summarily deny the motion, and this cause is reversed and remanded with directions to the trial court to attach portions of the record which conclusively show that appellant is entitled to no relief or to conduct an evidentiary hearing on the allegations presented in the motion. See: State v. Reynolds, 238 So.2d 598 (Fla.1970); Wilcox v. State, 267 So.2d 15 (Fla. 1st DCA 1972).

¶3REVERSED and REMANDED.

SMITH and ZEHMER, JJ., concur.
/453/so2d/147 · .json · Public domain