Caracciolo v. State

District Court of Appeal of Florida

Caracciolo v. State

683 So. 2d 1165, 1996 Fla. App. LEXIS 13256, 1996 WL 724198

Procedural entryThis page is a short order in Caracciolo v. State. Read the opinion of the Court — 1998 Fla. App. LEXIS 5936 →

District Court of Appeal of Florida·Decided December 18, 1996·No. No. 96-3336·Published

Opinion

PER CURIAM.

We reverse the trial court’s order summarily denying Appellant’s motion for post-conviction relief under ride 3.800, Florida Rules of Criminal Procedure. If the trial court again denies relief on remand, it is directed to attach to its order those portions of the record which establish conclusively [1166]*1166that Appellant is not entitled to relief: the entire judgment and sentence, reflecting, as Appellant contends and the state does not dispute, that Appellant was ordered to pay neither costs nor restitution in the cases in question.

REVERSED and REMANDED.

POLEN, FARMER and STEVENSON, JJ., concur.

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PER CURIAM.

We reverse the trial court’s order summarily denying Appellant’s motion for post-conviction relief under ride 3.800, Florida Rules of Criminal Procedure. If the trial court again denies relief on remand, it is directed to attach to its order those portions of the record which establish conclusively [1166]*1166that Appellant is not entitled to relief: the entire judgment and sentence, reflecting, as Appellant contends and the state does not dispute, that Appellant was ordered to pay neither costs nor restitution in the cases in question.

REVERSED and REMANDED.

POLEN, FARMER and STEVENSON, JJ., concur.

Caracciolo v. State, 683 So. 2d 1165, 1996 Fla. App. LEXIS 13256, 1996 WL 724198 (Fla. Ct. App. 1996).

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