Carnes v. State

District Court of Appeal of Florida

Carnes v. State

107 So. 3d 546, 2013 WL 646261, 2013 Fla. App. LEXIS 2935

CourtDistrict Court of Appeal of Florida

DecidedFebruary 22, 2013

DocketNo. 2D12-3716

StatusPublished

This text of 107 So. 3d 546 (Carnes 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

Carnes v. State, 107 So. 3d 546, 2013 WL 646261, 2013 Fla. App. LEXIS 2935 (Fla. Ct. App. 2013).

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Opinion

BLACK, Judge.

Terrance D. Carnes appeals the order summarily denying his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In denying Carnes’ four claims, the postconviction court rendered an order explaining how the record refuted each claim, but it did not attach the relevant portions of the record. See Fla. R.Crim. P. 3.850(d) (“In those instances when the denial is not predicated on the legal insufficiency of the motion on its face, a copy of that portion of the files and records that conclusively shows that the movant is entitled to no relief shall be attached to the order.”); Gatlin v. State, 24 So.3d 743, 745 (Fla. 2d DCA 2009). Accordingly, we reverse and remand with directions to the postconviction court to attach the portions of the record that refute Carnes’ claims.

Reversed and remanded with directions.

ALTENBERND and WALLACE, JJ., Concur.

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BLACK, Judge.

Terrance D. Carnes appeals the order summarily denying his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In denying Carnes’ four claims, the postconviction court rendered an order explaining how the record refuted each claim, but it did not attach the relevant portions of the record. See Fla. R.Crim. P. 3.850(d) (“In those instances when the denial is not predicated on the legal insufficiency of the motion on its face, a copy of that portion of the files and records that conclusively shows that the movant is entitled to no relief shall be attached to the order.”); Gatlin v. State, 24 So.3d 743, 745 (Fla. 2d DCA 2009). Accordingly, we reverse and remand with directions to the postconviction court to attach the portions of the record that refute Carnes’ claims.

Reversed and remanded with directions.

ALTENBERND and WALLACE, JJ., Concur.

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Bluebook (online)

107 So. 3d 546, 2013 WL 646261, 2013 Fla. App. LEXIS 2935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnes-v-state-fladistctapp-2013.

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