Ferrari v. State

District Court of Appeal of Florida

Ferrari v. State

861 So. 2d 534, 2003 Fla. App. LEXIS 19769, 2003 WL 23094927

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 2003

DocketNo. 4D02-4426

StatusPublished

This text of 861 So. 2d 534 (Ferrari 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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Ferrari v. State, 861 So. 2d 534, 2003 Fla. App. LEXIS 19769, 2003 WL 23094927 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Anthony Albert Ferrari appeals the summary denial of his rule 3.850 motion for post-conviction relief. We affirm without discussion as to the appellant’s second ground for relief, but reverse the summary denial as to the first ground. See Jones v. State, 782 So.2d 552 (Fla. 5th DCA 2001). The lower court’s remark to the appellant’s aunt, stating the appellant would only serve seventy-five percent of his sentence, distinguishes the instant case from Evans v. State, 763 So.2d 1109 (Fla. 4th DCA 1999), rev. denied, 767 So.2d 456 (Fla.2000).

The order of summary denial is therefore reversed as to the first ground only and remanded for either an evidentiary hearing or the trial court’s attachment of record portions conclusively refuting the appellant’s first ground for relief.

AFFIRMED in part, REVERSED in part, and REMANDED.

FARMER, C.J., SHAHOOD and MAY, JJ., concur.

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PER CURIAM.

Anthony Albert Ferrari appeals the summary denial of his rule 3.850 motion for post-conviction relief. We affirm without discussion as to the appellant’s second ground for relief, but reverse the summary denial as to the first ground. See Jones v. State, 782 So.2d 552 (Fla. 5th DCA 2001). The lower court’s remark to the appellant’s aunt, stating the appellant would only serve seventy-five percent of his sentence, distinguishes the instant case from Evans v. State, 763 So.2d 1109 (Fla. 4th DCA 1999), rev. denied, 767 So.2d 456 (Fla.2000).

The order of summary denial is therefore reversed as to the first ground only and remanded for either an evidentiary hearing or the trial court’s attachment of record portions conclusively refuting the appellant’s first ground for relief.

AFFIRMED in part, REVERSED in part, and REMANDED.

FARMER, C.J., SHAHOOD and MAY, JJ., concur.

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861 So. 2d 534, 2003 Fla. App. LEXIS 19769, 2003 WL 23094927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrari-v-state-fladistctapp-2003.

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