Oats v. State

District Court of Appeal of Florida

Oats v. State

987 So. 2d 806, 2008 Fla. App. LEXIS 11875, 2008 WL 3154299

District Court of Appeal of Florida·Decided August 8, 2008·No. No. 5D08-917·Published·Cited by 1 cases

Opinion

PER CURIAM.

Oats appeals the summary denial of his Rule 3.850¹ motion for post-conviction relief. Among his several claims, Oats alleged that in Case No. 06-326 he pled to a sale of cocaine offense, but the judgment reflects a conviction for sale of cocaine within 1,000 feet of a place of worship. There were no attachments to the trial court’s order refuting this allegation.

On remand, the trial court shall either attach documents which refute the claim or correct the judgment. Valentine v. State, 873 So.2d 608 (Fla. 5th DCA 2004). The trial court’s order is otherwise affirmed.

AFFIRMED, in part; REVERSED, in part; REMANDED.

PALMER, C. J., TORPY and EVANDER, JJ., concur.

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PER CURIAM.

Oats appeals the summary denial of his Rule 3.850¹ motion for post-conviction relief. Among his several claims, Oats alleged that in Case No. 06-326 he pled to a sale of cocaine offense, but the judgment reflects a conviction for sale of cocaine within 1,000 feet of a place of worship. There were no attachments to the trial court’s order refuting this allegation.

On remand, the trial court shall either attach documents which refute the claim or correct the judgment. Valentine v. State, 873 So.2d 608 (Fla. 5th DCA 2004). The trial court’s order is otherwise affirmed.

AFFIRMED, in part; REVERSED, in part; REMANDED.

PALMER, C. J., TORPY and EVANDER, JJ., concur.

Oats v. State, 987 So. 2d 806, 2008 Fla. App. LEXIS 11875, 2008 WL 3154299 (Fla. Ct. App. 2008).

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Opinion

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