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466 So. 2d 1262

466 So.2d 1262

10 Fla.L.Weekly 945

Daniels v. State

District Court of Appeal of Florida · decided 1985-04-12

Cited by 2 later decisions — most recently September 1994

2 state decisions

Relies on 438 So. 2d 1 - Palmer v. State · Halpin v. State · 464 So. 2d 259 - Suarez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-04-12

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PER CURIAM.

¶1Petitioner appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

¶2In his motion petitioner alleges that the trial court improperly imposed three consecutive three-year minimum mandatory sentences for his convictions for armed robbery, sexual battery and unauthorized use of a motor vehicle. He contends that the use of the weapon involved in all three offenses arose out of one criminal episode.

¶3The trial court summarily denied petitioner’s motion without attaching portions of the record which conclusively show that petitioner is not entitled to relief. However, petitioner’s allegations, if true, may entitle him to relief. See Palmer v. State, 438 So.2d 1 (Fla.1983); Suarez v. State, 464 So.2d 259 (Fla. 2d DCA 1985). Accordingly, we reverse and remand for the trial court to either attach those portions of the record which establish that petitioner is entitled to no relief or hold an evidentiary hearing and rule on the allegations presented in the motion. See Halpin v. State, 428 So.2d 703 (Fla. 2d DCA 1983); Fla.R.Crim.P. 3.850.

¶4Reversed and remanded for proceedings consistent herewith.

RYDER, C.J., and DANAHY and LE-HAN, JJ., concur.
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