SMITH v. STATE (2007)

District Court of Appeal of Florida,Fourth District.

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

No. 4D07-1312.

Decided: May 30, 2007

Gerald L. Smith, Belle Glade, pro se. No appearance required for appellee.

The 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.

Reversed and remanded for further proceedings.

PER CURIAM.

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

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