Whether the trial court's invocation of statute 440.10(3)(c) denied petitioner his interest, due process rights, and equal protection of the law

QUESTION(S) PRESENTED ; : WHETHER THE TRIAL COURTS INVOCATION OF STATUE 440.10(3)(C) DENIED PETITIONER HIS INTEREST, DUE PROCESS RIGHTS, AND EQUAL PROTECTION OF THE LAW. LO . WHETHER THE TRIAL COURT IMPROVIDENTLY EXERCISE ITS DISCRETION ; WHEN IT CAME TO HOLDING A HEARING AND DETERMINING THE 440.10 MOTION ON THE SUBMITTED PAPERS.