Alphonso Lucas v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: September 25, 2024
• Docket: 3D2023-2190
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed September 25, 2024.

________________

No. 3D23-2190 Lower Tribunal No. F12-19634 ________________

Alphonso Lucas, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Teresa Pooler, Judge.

Law Office of Peter Lombardo, and Peter Lombardo (Bradenton), for appellant.

Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Before SCALES, MILLER and GORDO, JJ.

ON CONFESSION OF ERROR

PER CURIAM. Alphonso Lucas appeals the trial court’s summary denial of his

September 19, 2023 postconviction motion that sought relief pursuant to

Florida Rule of Criminal Procedure 3.850. As the State properly and

commendably concedes, we must reverse the trial court’s order that

summarily denied Lucas’s motion as successive because the trial court failed

to attach to the order a copy of that portion of the files and records necessary

to support the trial court’s ruling, as required by Florida Rule of Criminal

Procedure 3.850(h)(2). See Love v. State, 264 So. 3d 1182, 1183 (Fla. 2d

DCA 2019). Accordingly, we reverse the challenged order and remand for

the postconviction court either to attach documents demonstrating the

successiveness of Lucas's claim or to consider Lucas’s motion on its merits.

Id.

Reversed and remanded.