Bass v. State

District Court of Appeal of Florida

Bass v. State

700 So. 2d 389, 1997 Fla. App. LEXIS 8603, 1997 WL 423080

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 1997

DocketNo. 96-4862

StatusPublished

This text of 700 So. 2d 389 (Bass 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

Bass v. State, 700 So. 2d 389, 1997 Fla. App. LEXIS 8603, 1997 WL 423080 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

This is an appeal from an order summarily denying a motion under rale 3.800(a) of the Florida Rules of Criminal Procedure. The defendant contends that his life sentence for armed robbery was illegal because the information and verdict show that the offense was committed with a weapon, and because the applicable statute allowed for a life sentence only if the offense had been committed with a firearm or a deadly weapon. The trial court denied relief on the ground that the argument had been raised and rejected in previous postconviction motions but did not attach the records of any of the previous proceedings. We conclude that the motion is facially sufficient and we are unable to affirm the summary denial without a record of a previous denial of the claim. Consequently, we reverse with instructions either to attach the records supporting a summary denial of the [390]*390motion or to make a decision on the merits of the defendant’s claim.

Reversed.

ALLEN, WEBSTER and PADOVANO, JJ., concur.

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

PER CURIAM.

This is an appeal from an order summarily denying a motion under rale 3.800(a) of the Florida Rules of Criminal Procedure. The defendant contends that his life sentence for armed robbery was illegal because the information and verdict show that the offense was committed with a weapon, and because the applicable statute allowed for a life sentence only if the offense had been committed with a firearm or a deadly weapon. The trial court denied relief on the ground that the argument had been raised and rejected in previous postconviction motions but did not attach the records of any of the previous proceedings. We conclude that the motion is facially sufficient and we are unable to affirm the summary denial without a record of a previous denial of the claim. Consequently, we reverse with instructions either to attach the records supporting a summary denial of the [390]*390motion or to make a decision on the merits of the defendant’s claim.

Reversed.

ALLEN, WEBSTER and PADOVANO, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

700 So. 2d 389, 1997 Fla. App. LEXIS 8603, 1997 WL 423080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-state-fladistctapp-1997.