Delroy Campbell v. State

District Court of Appeal of Florida

Delroy Campbell v. State

186 So. 3d 626

CourtDistrict Court of Appeal of Florida

DecidedFebruary 29, 2016

Docket5D14-4425

StatusPublished

This text of 186 So. 3d 626 (Delroy Campbell 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

Delroy Campbell v. State, 186 So. 3d 626 (Fla. Ct. App. 2016).

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Opinion

PALMER, J.

Delroy Campbell (defendant) appeals the final order entered by the trial court denying his motion seeking post-conviction relief. See Fla. R. Crim. P. 3.850. As to the claims denied after an evidentiary hearing, we affirm. As to the claims summarily denied, we reverse claims 1(a), 3, 4, and 7, and remand for the trial' court to either provide record attachments which support summary denial or to conduct an evidentiary hearing. See Burgos v. State, 181 So.3d 572 (Fla. 5th DCA2015); Fla. R. Crim. P. 3.850(f)(5) (“If the denial is based on the records in the case, a copy of that portion of the files and records that conclusively shows that- the defendant is entitled to no relief shall be attached to the final order”). Although the trial court referenced documents in support of the denial of these claims, it failed to attach any documents to its final order. As for the remaining claims summarily denied, we affirm.

AFFIRMED in part; REVERSED in part; and REMANDED.

LAWSON, C.J. and BERGER, JJ., concur.

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PALMER, J.

Delroy Campbell (defendant) appeals the final order entered by the trial court denying his motion seeking post-conviction relief. See Fla. R. Crim. P. 3.850. As to the claims denied after an evidentiary hearing, we affirm. As to the claims summarily denied, we reverse claims 1(a), 3, 4, and 7, and remand for the trial' court to either provide record attachments which support summary denial or to conduct an evidentiary hearing. See Burgos v. State, 181 So.3d 572 (Fla. 5th DCA2015); Fla. R. Crim. P. 3.850(f)(5) (“If the denial is based on the records in the case, a copy of that portion of the files and records that conclusively shows that- the defendant is entitled to no relief shall be attached to the final order”). Although the trial court referenced documents in support of the denial of these claims, it failed to attach any documents to its final order. As for the remaining claims summarily denied, we affirm.

AFFIRMED in part; REVERSED in part; and REMANDED.

LAWSON, C.J. and BERGER, JJ., concur.

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186 So. 3d 626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delroy-campbell-v-state-fladistctapp-2016.

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