WHEELER v. STATE (2020)

Appellant, Christopher Wheeler, appeals the trial court's denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. The trial court summarily denied Appellant's motion without providing a legal basis or attaching portions of the record that conclusively refute the claims.

When a trial court summarily denies a postconviction motion, “it must either explain the rationale for the denial, or attach those portions of the record that conclusively refute the claims.” Morris v. State, 287 So. 3d 634, 635 (Fla. 4th DCA 2020); see also Fla. R. Crim. P. 3.850(f)(5) (providing that if a motion is legally sufficient but the grounds listed therein can be conclusively resolved by reliance upon the record, the portion of the record that conclusively shows that the defendant is not entitled to relief must be attached to the order).

The State concedes that the trial court's order does not comply with the Rule. Accordingly, we reverse and remand for the trial court to explain its rationale or attach portions of the record that conclusively refute Appellant's claims.

Reversed and remanded for further proceedings consistent with this opinion.

Per Curiam.

May, Conner and Klingensmith, JJ., concur.