MURRAY HILTON vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: July 21, 2023
• Docket: 23-1761
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

MURRAY HILTON,

Appellant,

v. Case No. 5D23-1761 LT Case No. 2018-CF-12469-A

STATE OF FLORIDA,

Appellee.

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Opinion filed July 21, 2023

3.850 Appeal from the Circuit Court for Duval County, Jeb Branham, Judge.

Murray Hilton, Lake Butler, pro se.

No Appearance for Appellee.

MACIVER, J. Murray Hilton appeals the summary denial of his Rule 3.850 motion for

postconviction relief. Hilton filed an initial Rule 3.850 motion in January of

2021. That motion was denied. Hilton appealed the denial, but in September

of 2021 the First District Court of Appeal affirmed in a per curiam decision.

In June of 2022 Hilton filed another Rule 3.850 motion with the trial court,

which was also denied.

The trial court denied the second motion as impermissibly successive,

correctly noting that Hilton failed to adequately justify his omission of the

newly asserted grounds in his prior motion. The trial court failed, however, to

attach a copy of the prior motions and orders in support of its ruling as

required by Florida Rule of Criminal Procedure 3.850(h)(2). See Davis v.

State, 192 So. 3d 684, 684 (Fla. 5th DCA 2016).

We reverse and remand for attachment of the prior Rule 3.850 motion

and the resulting order as it relates to Hilton’s allegations of ineffective

assistance of counsel.

REVERSED and REMANDED.

LAMBERT and BOATWRIGHT, JJ., concur.