Pinkney v. State

District Court of Appeal of Florida

Pinkney v. State

577 So. 2d 724, 1991 Fla. App. LEXIS 3350, 1991 WL 53563

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 1991

DocketNo. 91-00722

StatusPublished

This text of 577 So. 2d 724 (Pinkney 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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Pinkney v. State, 577 So. 2d 724, 1991 Fla. App. LEXIS 3350, 1991 WL 53563 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Defendant Emerson Pinkney appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the defendant’s allegations of ineffective assistance of counsel are legally insufficient, his claim that he received an illegal sentence, if true, may entitle him to relief. The trial judge did not attach to his order any portion of the files or records to refute the allegation of the illegal sentence for possession of a controlled substance with the intent to sell.

Accordingly, we reverse the trial court’s order and remand the case. On remand, the court must attach to the order files and records of the ease conclusively showing that the prisoner is entitled to no relief, if the record substantiates a denial. If the [725]*725court again denies the motion, the defendant has thirty days in which to appeal.

Reversed and remanded.

RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.

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PER CURIAM.

Defendant Emerson Pinkney appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the defendant’s allegations of ineffective assistance of counsel are legally insufficient, his claim that he received an illegal sentence, if true, may entitle him to relief. The trial judge did not attach to his order any portion of the files or records to refute the allegation of the illegal sentence for possession of a controlled substance with the intent to sell.

Accordingly, we reverse the trial court’s order and remand the case. On remand, the court must attach to the order files and records of the ease conclusively showing that the prisoner is entitled to no relief, if the record substantiates a denial. If the [725]*725court again denies the motion, the defendant has thirty days in which to appeal.

Reversed and remanded.

RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.

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Bluebook (online)

577 So. 2d 724, 1991 Fla. App. LEXIS 3350, 1991 WL 53563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinkney-v-state-fladistctapp-1991.