State v. Johnson

District Court of Appeal of Florida

State v. Johnson

445 So. 2d 1123, 1984 Fla. App. LEXIS 11980

Procedural entryThis page is a short order in State v. Johnson. Read the opinion of the Court — 398 So. 2d 500 →

District Court of Appeal of Florida·Decided March 1, 1984·No. No. 83-308·Published

Opinion

ORFINGER, Chief Judge.

The State correctly contends that the trial court should not have summarily and ex parte granted appellee’s motion for relief under Fla.R.Crim.P. 3.850 without first giving notice to the prosecuting attorney and granting a hearing, as required by said rule. We therefore reverse the order granting relief, and remand the cause to the trial court for further proceedings in accordance herewith. With respect to the substantive issues raised by defendant’s motion, see Ray v. State, 403 So.2d 956 (Fla.1981), and Torrence v. State, 440 So.2d 392 (Fla. 5th DCA 1983) (en banc).

REVERSED and REMANDED.

COBB and COWART, JJ., concur.

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ORFINGER, Chief Judge.

The State correctly contends that the trial court should not have summarily and ex parte granted appellee’s motion for relief under Fla.R.Crim.P. 3.850 without first giving notice to the prosecuting attorney and granting a hearing, as required by said rule. We therefore reverse the order granting relief, and remand the cause to the trial court for further proceedings in accordance herewith. With respect to the substantive issues raised by defendant’s motion, see Ray v. State, 403 So.2d 956 (Fla.1981), and Torrence v. State, 440 So.2d 392 (Fla. 5th DCA 1983) (en banc).

REVERSED and REMANDED.

COBB and COWART, JJ., concur.

State v. Johnson, 445 So. 2d 1123, 1984 Fla. App. LEXIS 11980 (Fla. Ct. App. 1984).

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Opinion

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