Parker v. State

District Court of Appeal of Florida

Parker v. State

736 So. 2d 136, 1999 Fla. App. LEXIS 8651, 1999 WL 435437

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 1999

DocketNo. 98-2420

StatusPublished

Cited by1 cases

This text of 736 So. 2d 136 (Parker 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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Parker v. State, 736 So. 2d 136, 1999 Fla. App. LEXIS 8651, 1999 WL 435437 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

This cause is before us on appeal from a summary denial of Appellant’s Florida Rule of Criminal Procedure 3.850 motion. The record before us does not support the trial court’s finding that Appellant’s motion was successive. Accordingly, we reverse and remand. On remand, should the trial court conclude that Appellant’s Ashley claim (see State v. Wilson, 658 So.2d 521 (Fla.1995)) is conclusively refuted by the record, it shall attach to its order denying relief those parts of the record upon which it relies. Otherwise, it shall hold a hearing.

REVERSED and REMANDED.

BOOTH, JOANOS and WEBSTER, JJ., CONCUR.

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PER CURIAM.

This cause is before us on appeal from a summary denial of Appellant’s Florida Rule of Criminal Procedure 3.850 motion. The record before us does not support the trial court’s finding that Appellant’s motion was successive. Accordingly, we reverse and remand. On remand, should the trial court conclude that Appellant’s Ashley claim (see State v. Wilson, 658 So.2d 521 (Fla.1995)) is conclusively refuted by the record, it shall attach to its order denying relief those parts of the record upon which it relies. Otherwise, it shall hold a hearing.

REVERSED and REMANDED.

BOOTH, JOANOS and WEBSTER, JJ., CONCUR.

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736 So. 2d 136, 1999 Fla. App. LEXIS 8651, 1999 WL 435437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-state-fladistctapp-1999.

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