Stabile v. State

District Court of Appeal of Florida

Stabile v. State

860 So. 2d 1057, 2003 Fla. App. LEXIS 18391, 2003 WL 22867647

CourtDistrict Court of Appeal of Florida

DecidedDecember 5, 2003

DocketNo. 5D02-3901

StatusPublished

This text of 860 So. 2d 1057 (Stabile 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.

Bluebook

Stabile v. State, 860 So. 2d 1057, 2003 Fla. App. LEXIS 18391, 2003 WL 22867647 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Appellant challenges the lower court’s order denying his motion for post-conviction relief made pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm the order without comment on all issues except one — whether the trial court erred in summarily denying ground three of Appellant’s motion. On this issue, we reverse and remand with instructions that a hearing be conducted or that the trial court attach to any summary order denying relief those portions of the record that conclusively refute the claim. Oliver v. State, 691 So.2d 1126 (Fla. 1st DCA 1997).

[1058]*1058AFFIRMED in part; REVERSED in part; REMANDED.

SHARP, W., GRIFFIN and TORPY, JJ., concur.

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PER CURIAM.

Appellant challenges the lower court’s order denying his motion for post-conviction relief made pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm the order without comment on all issues except one — whether the trial court erred in summarily denying ground three of Appellant’s motion. On this issue, we reverse and remand with instructions that a hearing be conducted or that the trial court attach to any summary order denying relief those portions of the record that conclusively refute the claim. Oliver v. State, 691 So.2d 1126 (Fla. 1st DCA 1997).

[1058]*1058AFFIRMED in part; REVERSED in part; REMANDED.

SHARP, W., GRIFFIN and TORPY, JJ., concur.

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860 So. 2d 1057, 2003 Fla. App. LEXIS 18391, 2003 WL 22867647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stabile-v-state-fladistctapp-2003.

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