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502 So. 2d 1353

502 So.2d 1353

12 Fla.L.Weekly 646

Stevens v. State

District Court of Appeal of Florida

Decided February 25, 1987

District Court of Appeal of Florida · decided 1987-02-25

Cited by 8 later decisions — most recently August 1996

8 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1987-02-25

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PER CURIAM.

¶1Shannon Stevens appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial judge denied the motion without an eviden-tiary hearing, he did not attach to his order any portion of the files or records to refute appellant’s allegations.

¶2Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, unless the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall order the state attorney to file an answer within a time certain. After receipt of the answer, the court shall determine whether an evi-dentiary hearing is required. If the court should again deny appellant’s motion, he has thirty days in which to appeal.

¶3Reversed and remanded.

RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.
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