Barchanowicz v. State

District Court of Appeal of Florida

Barchanowicz v. State

505 So. 2d 1118, 12 Fla. L. Weekly 1103, 1987 Fla. App. LEXIS 7902

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1987

DocketNo. 87-798

StatusPublished

This text of 505 So. 2d 1118 (Barchanowicz v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barchanowicz v. State, 505 So. 2d 1118, 12 Fla. L. Weekly 1103, 1987 Fla. App. LEXIS 7902 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

Robert S. Barchanowicz appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or records to refute appellant’s allegations.

Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, unless the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall order the state attorney to file an answer within a time certain. After receipt of the answer, the court shall determine whether an evi-dentiary hearing is required. If the court should again deny appellant’s motion, he has thirty days in which to appeal.

Reversed and remanded.

RYDER, A.C.J., and HALL and SANDERLIN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Robert S. Barchanowicz appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or records to refute appellant’s allegations.

Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, unless the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall order the state attorney to file an answer within a time certain. After receipt of the answer, the court shall determine whether an evi-dentiary hearing is required. If the court should again deny appellant’s motion, he has thirty days in which to appeal.

Reversed and remanded.

RYDER, A.C.J., and HALL and SANDERLIN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

505 So. 2d 1118, 12 Fla. L. Weekly 1103, 1987 Fla. App. LEXIS 7902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barchanowicz-v-state-fladistctapp-1987.