Conway v. State

District Court of Appeal of Florida

Conway v. State

514 So. 2d 1128, 12 Fla. L. Weekly 2506, 1987 Fla. App. LEXIS 10745

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 1987

DocketNo. BS-349

StatusPublished

This text of 514 So. 2d 1128 (Conway 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

Conway v. State, 514 So. 2d 1128, 12 Fla. L. Weekly 2506, 1987 Fla. App. LEXIS 10745 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

This is an appeal from an order of the trial court denying appellant’s motion for post conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure.

[1129]*1129Examining the transcript of the sentencing hearing attached to the trial court’s order denying the motion, we find that the first two issues raised by appellant are without merit and affirm as to them. We cannot, however, based on the record before us, determine whether the third issue raised by appellant, objecting to a sentence departing from the sentencing guidelines, is also without merit as we have no knowledge of whether appellant agreed to the departure sentence, or whether there were valid reasons for departure stated in the record. We therefore remand the cause to the trial court and direct it to either attach portions of the record demonstrating that appellant is not entitled to relief, or take other appropriate action consistent with Rule 3.850.

REVERSED and REMANDED.

MILLS, ERVIN and NIMMONS, JJ., concur.

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PER CURIAM.

This is an appeal from an order of the trial court denying appellant’s motion for post conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure.

[1129]*1129Examining the transcript of the sentencing hearing attached to the trial court’s order denying the motion, we find that the first two issues raised by appellant are without merit and affirm as to them. We cannot, however, based on the record before us, determine whether the third issue raised by appellant, objecting to a sentence departing from the sentencing guidelines, is also without merit as we have no knowledge of whether appellant agreed to the departure sentence, or whether there were valid reasons for departure stated in the record. We therefore remand the cause to the trial court and direct it to either attach portions of the record demonstrating that appellant is not entitled to relief, or take other appropriate action consistent with Rule 3.850.

REVERSED and REMANDED.

MILLS, ERVIN and NIMMONS, JJ., concur.

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Bluebook (online)

514 So. 2d 1128, 12 Fla. L. Weekly 2506, 1987 Fla. App. LEXIS 10745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conway-v-state-fladistctapp-1987.