Public-domain · open source
OpenJurist

675 So. 2d 1041

Wilder v. State

District Court of Appeal of Florida · decided 1996-07-03

Relies on Lewis v. State · 632 So. 2d 1139 - Carter v. State

Decided 1996-07-03

PER CURIAM.

¶1Larry Wilder appeals the trial court’s summary denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850. Although the order cites portions of the record to support its denial, the trial court failed to append those portions of the record to its order, as required by Rule 3.850(d). Accordingly, this case is reversed and remanded with directions to the trial court to either conduct an evidentiary hearing or append to its order those portions of the record that show Wilder is not entitled to *1042relief. See Carter v. State, 632 So.2d 1139 (Fla. 4th DCA 1994); Lewis v. State, 613 So.2d 115 (Fla. 4th DCA 1993).

¶2REVERSED AND REMANDED.

GUNTHER, C.J., and POLEN and GROSS, JJ., concur.
/675/so2d/1041 · .json · Public domain