24 So. 3d 685

Patrick J. PIERNI, Appellant, v. STATE of Florida, Appellee.

No. 5D09-3165.

District Court of Appeal of Florida, Fifth District.

Dec. 18, 2009.

Patrick J. Pierni, Crawfordville, pro se.

Bill McCollum, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for appellee.

*686PER CURIAM.

Pierni appeals from the summary denial of his Rule 3.8501 motion for post-conviction relief. As the State concedes, the first two grounds for relief set forth in Pierni’s motion were facially sufficient. However, the trial court failed to provide any rationale or specific reference to the record to support its denial of relief. Accordingly, as to these grounds, we reverse the trial court’s order and remand to either attach documents conclusively refuting Pierni’s allegations or hold an eviden-tiary hearing. Perez v. State, 17 So.3d 344 (Fla. 5th DCA 2009). We affirm the trial court’s summary denial of Pierni’s third ground for relief.

AFFIRMED, in part; REVERSED, in part; REMANDED.

PALMER, EVANDER and JACOBUS, JJ., concur.

Pierni v. State
24 So. 3d 685

Case Details

Name
Pierni v. State
Decision Date
Dec 18, 2009
Citations

24 So. 3d 685

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!