RUDOLPH v. STATE

No. BO-92.

508 So.2d 363 (1987)

Kenneth RUDOLPH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Rehearing April 1, 1987.


Attorney(s) appearing for the Case

Kenneth Rudolph, pro se.

Robert A. Butterworth, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.


MILLS, Judge.

Rudolph appeals from an order denying him post-conviction relief sought pursuant to Florida Rules of Criminal Procedure 3.850. We reverse and remand.

Rule 3.850 requires that in those instances where the denial of a motion for post-conviction relief is not based on the legal insufficiency of the motion, "a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief shall be attached to the...

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