Furr v. State

District Court of Appeal of Florida

Furr v. State

531 So. 2d 1067, 13 Fla. L. Weekly 2333, 1988 Fla. App. LEXIS 4525, 1988 WL 105708

CourtDistrict Court of Appeal of Florida

DecidedOctober 12, 1988

DocketNo. 88-2590

StatusPublished

This text of 531 So. 2d 1067 (Furr 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

Furr v. State, 531 So. 2d 1067, 13 Fla. L. Weekly 2333, 1988 Fla. App. LEXIS 4525, 1988 WL 105708 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

Nicholas Vance Furr appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or record to refute Furr’s allegations.

Accordingly, we reverse the order denying Furr’s motion and remand the case to the trial court. On remand, unless the case files and records conclusively show that Furr is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute Furr’s allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.

RYDER, Á.C.J., and FRANK and PARKER, JJ., concur.

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PER CURIAM.

Nicholas Vance Furr appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or record to refute Furr’s allegations.

Accordingly, we reverse the order denying Furr’s motion and remand the case to the trial court. On remand, unless the case files and records conclusively show that Furr is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute Furr’s allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.

RYDER, Á.C.J., and FRANK and PARKER, JJ., concur.

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Bluebook (online)

531 So. 2d 1067, 13 Fla. L. Weekly 2333, 1988 Fla. App. LEXIS 4525, 1988 WL 105708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/furr-v-state-fladistctapp-1988.