5D03-3724 Kevin Daniels v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-3724

Case Date: 01/19/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

KEVIN T. DANIELS, Appellant, v. STATE OF FLORIDA, Appellee. _________________________________/ Opinion filed January 23, 2004 3.850 Appeal from the Circuit Court for Putnam County, Terry LaRue, Judge. Kevin T. Daniels, Bristol, Pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D03-3724

PER CURIAM Appellant challenges the lower court order that summarily denied his motion for postconviction relief brought pursuant to rule 3.850, Florida Rules of Criminal Procedure. The court denied Appellant's motion as successive but failed to attach portions of the record supporting this determination. For that reason, we reverse and remand with instructions that the lower court attach the necessary portions of the record which show that the motion is successive or that the allegations are otherwise refuted. Alternatively, an evidentiary hearing should be held to address the merits of the motion. REVERSED and REMANDED.

THOMPSON, MONACO and TORPY, JJ., concur.

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