¶1The trial court denied defendant’s motion for post-conviction relief without an eviden-tiary hearing. Yet the court failed to append “a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief....” Rule 3.850, Fla.R.Crim.P.; see also Cobb v. State, 424 So.2d 980 (Fla. 4th DCA 1983); Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). Accordingly, the cause is reversed and remanded with instructions to conduct an evidentiary hearing.
478 So. 2d 508
478 So.2d 508
10 Fla.L.Weekly 2575
Haston v. State
District Court of Appeal of Florida
Decided November 20, 1985
District Court of Appeal of Florida · decided 1985-11-20
Relies on 384 So. 2d 736 - Jones v. State · 424 So. 2d 980 - Cobb v. State
Decided 1985-11-20