Barr v. State

District Court of Appeal of Florida

Barr v. State

501 So. 2d 713, 12 Fla. L. Weekly 414, 1987 Fla. App. LEXIS 6522

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1987

DocketNo. 87-30

StatusPublished

This text of 501 So. 2d 713 (Barr 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

Barr v. State, 501 So. 2d 713, 12 Fla. L. Weekly 414, 1987 Fla. App. LEXIS 6522 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Arba E. Barr 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 CAMPBELL and SCHOONOVER, JJ., concur.

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PER CURIAM.

Arba E. Barr 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 CAMPBELL and SCHOONOVER, JJ., concur.

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Bluebook (online)

501 So. 2d 713, 12 Fla. L. Weekly 414, 1987 Fla. App. LEXIS 6522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barr-v-state-fladistctapp-1987.