Deen v. State

Full title: MICHAEL DAVID DEEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 23, 1993

627 So. 2d 625 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-2590.

December 23, 1993.

3.850 Appeal from the Circuit Court for Volusia County, Gayle Graziano, Judge.

Barbara Curtis Davis, Daytona Beach, for appellant.

No appearance for appellee.

PER CURIAM.

The lower court's order denying appellant's Rule 3.850 motion without attachment of the portions of the record on which the lower court relied in its order is reversed with instructions to either attach the appropriate record or hold an evidentiary hearing. Waters v. State, 612 So.2d 685 (Fla. 5th DCA 1993).

W. SHARP, PETERSON and GRIFFIN, JJ., concur.