IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
JOSEPH HALL, JR.,
vs. Appeal No. CRC 03-00088 APANO
Opinion filed ________________________
Appeal from Order Denying
Motion for Post-Conviction Relief
Judge Thomas B. Freeman
Joseph Hall, Jr.
Appellant, pro se
THIS CAUSE came before the Court on appeal, filed by Joseph Hall, Jr. (Hall), from the Order denying Hall’s Motion for Post-Conviction Relief, entered April 29, 2003. Upon review of Hall’s brief,  the record, and being otherwise fully advised, the Court reverses the Order as set forth below.
The only issue raised by Hall is whether trial counsel rendered ineffective assistance of counsel in advising Hall that “he could not beat the charge” and for failing to move to suppress evidence obtained following an allegedly unlawful traffic stop. The record shows that Hall was arrested for possession of marijuana on December 20, 2001, and entered a plea of no contest on May 29, 2002. Without reaching the substance of this issue, the Court finds that the trial court erred in denying Hall’s Motion for Post-Conviction Relief, filed pursuant to Florida Criminal Procedure Rules, Rule 3.850. In reviewing Hall’s Motion, the Court finds that it is facially sufficient as it contains all the required elements as set forth by subsections (c)(1) through (c)(6) of the Rule. As the Motion is facially adequate and not a successive motion,  the trial court must either attach “a copy of that portion of the files and records that conclusively shows that the movant is entitled to no relief” or, if the Motion cannot be disposed of in such a manner, conduct an evidentiary hearing to “determine the issues, and make findings of fact and conclusions of law with respect thereto.” See Fla. R. Crim. P. Rule 3.850(d); see also Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).
Therefore, it is,
ORDERED AND ADJUDGED that the Order is reversed and this cause remanded for action consistent with this Order and Opinion.
DONE AND ORDERED in Chambers, at
ROBERT J. MORRIS, JR.
DAVID A. DEMERS
Copies furnished to:
Judge Thomas B. Freeman
Joseph Hall, Jr., DC #581207
Post Office Box 718501
 The State did not file an Answer Brief.
 The Court notes that Hall filed a Motion for Post-Conviction Relief in a related case, No. CRC 01-16353 CFANO, which was denied, with incorporated memorandum of law, on October 8, 2002; this order was affirmed by the Second District Court of Appeal, Appeal No. 2D02-4677.