07/31/97 CHARLES FINNEY, Appellant v. STATE OF FLORIDA, Appell
BLUE BOOK CITATION FORM: 1997.FL.3121 (http://www.versuslaw.com)
[Editor's note: footnotes (if any) trail the opinion]
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED,
DETERMINED
[1] IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
[2] SECOND DISTRICT
[3] CHARLES FINNEY, Appellant,
v.
[4] STATE OF FLORIDA, Appellee.
[5] Case No. 97-02088
[6] Opinion filed July 30, 1997.
[7] Appeal pursuant to Fla. R. App. P. 9.140(g) from the Circuit Court
for Hillsborough County; Chet A. Tharpe, Judge.
[8] PER CURIAM.
[9] The appellant, Charles Finney, challenges the trial court's summary denial
of his motion for post-conviction relief filed pursuant to Florida Rule of
Criminal Procedure 3.850. We affirm in part, reverse in part, and remand
with directions.
[10] The appellant alleged thirteen separate claims for relief in his
motion which the trial court summarily denied without attachments. We
affirm the trial court's order with the exception of one aspect of the
claim raised under the heading of "GROUND V." In this part of the motion,
the appellant swore that his "public defender gave all his files to the
state attorney when he was removed from the case and private counsel was
appointed." The appellant further alleged under oath that the "public
defender did not have [his] permission to violate his attorney-client
confidentiality." In summarily denying this portion of the claim, the
trial court failed to attach to its order any part of the record
conclusively refuting this sworn allegation. Accordingly, we reverse and
remand with directions that the trial court revisit this issue. If it once
again summarily denies this claim, it must attach to its order those parts
of the record conclusively refuting the appellant's assertion. Otherwise,
an evidentiary hearing will be necessary.
[11] Affirmed in part, reversed in part, and remanded with directions.
[12] DANAHY, A.C.J., and LAZZARA and WHATLEY, JJ., Concur.
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