Parker v. State

District Court of Appeal of Florida

Parker v. State

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

District Court of Appeal of Florida·Decided June 30, 1999·No. No. 98-2420·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

736 So. 2d 136 (Parker v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related