Combs v. State

District Court of Appeal of Florida

Combs v. State

723 So. 2d 931, 1999 Fla. App. LEXIS 247, 24 Fla. L. Weekly Fed. D 260

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 1999

DocketNo. 97-2747

StatusPublished

Cited by2 cases

This text of 723 So. 2d 931 (Combs 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.

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Combs v. State, 723 So. 2d 931, 1999 Fla. App. LEXIS 247, 24 Fla. L. Weekly Fed. D 260 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

The appellant challenges an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Under State v. Mancino, 714 So.2d 429 (Fla.1998), the supreme court requires that a motion filed pursuant to rule 3.800(a) must affirmatively allege that “the court records demonstrate on their face an entitlement to relief.” Id. at 433. Where the appellant’s motion “does not allege that the court’s record will demonstrate a clear entitlement to relief,” we must affirm. Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998). The appellant’s motion does not allege that the court’s records will demonstrate a clear entitlement to relief; therefore, under Baker we affirm without prejudice to appellant’s ability to file a properly pled rule 3.800(a) motion in the trial court.

WOLF, WEBSTER and LAWRENCE, JJ., concur.

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PER CURIAM.

The appellant challenges an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Under State v. Mancino, 714 So.2d 429 (Fla.1998), the supreme court requires that a motion filed pursuant to rule 3.800(a) must affirmatively allege that “the court records demonstrate on their face an entitlement to relief.” Id. at 433. Where the appellant’s motion “does not allege that the court’s record will demonstrate a clear entitlement to relief,” we must affirm. Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998). The appellant’s motion does not allege that the court’s records will demonstrate a clear entitlement to relief; therefore, under Baker we affirm without prejudice to appellant’s ability to file a properly pled rule 3.800(a) motion in the trial court.

WOLF, WEBSTER and LAWRENCE, JJ., concur.

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723 So. 2d 931, 1999 Fla. App. LEXIS 247, 24 Fla. L. Weekly Fed. D 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/combs-v-state-fladistctapp-1999.

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