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701 So. 2d 668

Walker v. State

District Court of Appeal of Florida

Decided November 26, 1997

District Court of Appeal of Florida · decided 1997-11-26

Cited by 1 later decisions — most recently August 2001

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1997-11-26

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PER CURIAM.

¶1This is a final appeal of an order summarily denying appellant’s motion for post-convietion relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure as legally insufficient for failing to contain facts which *669would warrant relief, and for referring to a memorandum of law said to include additional but unsworn factual allegations.

¶2We find that the motion and memorandum of law were duly verified pursuant to rule 3.850 and rule 3.987, Florida Rules of Criminal Procedure and- that they do state legally sufficient claims on grounds one, two, five and six. We therefore reverse and remand the trial court’s summary denial of post-conviction relief as to those claims, for either attachment of portions of the record refuting the claims made therein, or for an evidentia-ry hearing on them if appropriate.

¶3We find no merit in the other grounds asserted in the motion and memorandum of law, and therefore affirm their summary denial.

¶4AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

WARNER, FARMER and PARIENTE, JJ., concur.
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