Smith v. State

Gerald L. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 30, 2007.

District Court of Appeal of Florida · decided 2007-05-30

Cited by 5 later decisions — most recently August 2011

5 state decisions

Key passage — most relied on by later courts

“When a trial court denies a rule 3.850 motion without an evidentiary hearing, it must `either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion.'”

quoted by 1 later decision, including Terry v. State

Relies on 627 So. 2d 1170 - Anderson v. State · Hoffman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-05-30

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¶1 *1267 Gerald L. Smith, Belle Glade, pro se.

¶2No appearance required for appellee.

¶3PER CURIAM.

¶4The order denying appellant's motion for postconviction relief is summarily reversed. When a trial court denies a rule 3.850 motion without an evidentiary hearing, it must "either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion." Anderson v. State,627 So.2d 1170, 1171 (Fla.1993) (citing Hoffman v. State,571 So.2d 449, 450 (Fla. 1990)). The trial court's order in this case does neither.

¶5Reversed and remanded for further proceedings.

¶6STEVENSON, C.J., WARNER and TAYLOR, JJ., concur.