Smith v. State

PER CURIAM.

We reverse the order summarily denyin '• the appellant’s Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief and remand to the trial court with instructions to either conduct an evidentia-ry hearing or attach the portions of the record which refute the appellant’s claims.

REVERSED and REMANDED.

GOSHORN, C.J., and W. SHARP and PETERSON, JJ., concur.