Parker v. State, 736 So. 2d 136 (Fla. 1st DCA 1999). · Go Syfert
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Parker v. State, 736 So. 2d 136 (Fla. 1st DCA 1999). Cases Citing This Book View Copy Cite
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Strongest positive: Parker v. State, 766 So. 2d 1172 (Fla. 1st DCA 2000)
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Darryl PARKER
v.
STATE of Florida
No. 98-2420.
District Court of Appeal of Florida, First District.
Jun 30, 1999.
Published opinion
736 So. 2d 136
1999 Fla. App. LEXIS 8651
1999 WL 435437
Darryl Parker, Pro Se., No appearance for Appellee.
Booth, Joanos, Webster.
Cited by 1 opinion  |  Published
PER CURIAM.

This cause is before us on appeal from a summary denial of Appellant’s Florida Rule of Criminal Procedure 3.850 motion. The record before us does not support the trial court’s finding that Appellant’s motion was successive. Accordingly, we reverse and remand. On remand, should the trial court conclude that Appellant’s Ashley claim (see State v. Wilson, 658 So.2d 521 (Fla.1995)) is conclusively refuted by the record, it shall attach to its order denying relief those parts of the record upon which it relies. Otherwise, it shall hold a hearing.

REVERSED and REMANDED.

BOOTH, JOANOS and WEBSTER, JJ., CONCUR.