Ricks v. State

District Court of Appeal of Florida

Ricks v. State

490 So. 2d 237, 11 Fla. L. Weekly 1439, 1986 Fla. App. LEXIS 8536

CourtDistrict Court of Appeal of Florida

DecidedJune 27, 1986

DocketNo. BG-322

StatusPublished

Cited by1 cases

This text of 490 So. 2d 237 (Ricks 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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Ricks v. State, 490 So. 2d 237, 11 Fla. L. Weekly 1439, 1986 Fla. App. LEXIS 8536 (Fla. Ct. App. 1986).

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Opinion

SHIVERS, Judge.

Appellant Ricks originally brought an appeal to this court of the trial court’s denial without hearing of his motion for post-conviction relief. We found the motion to state a legally sufficient ground for relief in that it appeared appellant’s plea may have been based upon a failure of communication or a misunderstanding of the facts. We therefore remanded the case to the trial court with instructions to supplement its order with portions of the record pertinent to the plea and with the colloquy surrounding the court’s acceptance of the plea. Ricks v. State, 478 So.2d 869 (Fla. 1st DCA 1985). After receiving such supplementation, we agree with the trial court that appellant’s motion was without merit, and affirm the order denying the motion.

WENTWORTH and WIGGINTON, JJ., concur.

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SHIVERS, Judge.

Appellant Ricks originally brought an appeal to this court of the trial court’s denial without hearing of his motion for post-conviction relief. We found the motion to state a legally sufficient ground for relief in that it appeared appellant’s plea may have been based upon a failure of communication or a misunderstanding of the facts. We therefore remanded the case to the trial court with instructions to supplement its order with portions of the record pertinent to the plea and with the colloquy surrounding the court’s acceptance of the plea. Ricks v. State, 478 So.2d 869 (Fla. 1st DCA 1985). After receiving such supplementation, we agree with the trial court that appellant’s motion was without merit, and affirm the order denying the motion.

WENTWORTH and WIGGINTON, JJ., concur.

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490 So. 2d 237, 11 Fla. L. Weekly 1439, 1986 Fla. App. LEXIS 8536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricks-v-state-fladistctapp-1986.

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