GARDNER v. STATE

No. 3D05-2668.

925 So.2d 428 (2006)

Donnell GARDNER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 5, 2006.


Attorney(s) appearing for the Case

Donnell Gardner, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GERSTEN, FLETCHER, and SUAREZ, JJ.


PER CURIAM.

This is an appeal of an order denying a motion under Florida Rule of Criminal Procedure 3.850. Although the trial court indicates on the order that the denial was pursuant to an evidentiary hearing, it is in the form of a summary denial and no transcripts or record are attached in support of the decision. On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively...

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