Gibson v. State

District Court of Appeal of Florida

Gibson v. State

122 So. 3d 428, 2013 WL 5222142, 2013 Fla. App. LEXIS 14821

District Court of Appeal of Florida·Decided September 18, 2013·No. No. 4D12-4221·Published·Cited by 2 cases

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

By order, we granted appellant’s motion for rehearing and withdrew our May 1, 2013 opinion. We reverse and remand for further proceedings. The trial court erred in summarily denying appellant’s facially sufficient motion for postconviction relief without explanation and without attachments. Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007); Anderson v. State, 627 So.2d 1170 (Fla.1993).

The State’s argument that the motion does not satisfy the pleading requirements of Alcorn v. State, 121 So.3d 419 (Fla.2013), may be addressed on remand.

Reversed and remanded.

WARNER, CIKLIN and CONNER, JJ., concur.

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ON MOTION FOR REHEARING

PER CURIAM.

By order, we granted appellant’s motion for rehearing and withdrew our May 1, 2013 opinion. We reverse and remand for further proceedings. The trial court erred in summarily denying appellant’s facially sufficient motion for postconviction relief without explanation and without attachments. Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007); Anderson v. State, 627 So.2d 1170 (Fla.1993).

The State’s argument that the motion does not satisfy the pleading requirements of Alcorn v. State, 121 So.3d 419 (Fla.2013), may be addressed on remand.

Reversed and remanded.

WARNER, CIKLIN and CONNER, JJ., concur.

Gibson v. State, 122 So. 3d 428, 2013 WL 5222142, 2013 Fla. App. LEXIS 14821 (Fla. Ct. App. 2013).

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Opinion

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