Surratt v. State

District Court of Appeal of Florida

Surratt v. State

659 So. 2d 1373, 1995 Fla. App. LEXIS 9526, 1995 WL 527222

CourtDistrict Court of Appeal of Florida

DecidedSeptember 8, 1995

DocketNo. 95-01585

StatusPublished

Cited by2 cases

This text of 659 So. 2d 1373 (Surratt 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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Surratt v. State, 659 So. 2d 1373, 1995 Fla. App. LEXIS 9526, 1995 WL 527222 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Terrence E. Surratt appeals the summary denial of his motion for postconviction relief. The trial court’s order offers no basis for the denial but merely attaches a copy of the state’s response to the motion. There are no other attachments to the court’s order to refute the allegations contained in the lengthy motion. While the state’s response does contain specific citations to the appellate record to support its conclusion that the issues raised are without merit, the record before this court does not contain the referenced pages.

Accordingly, the order denying the motion must be reversed. If the trial court again concludes that summary denial is proper, it must attach to its order those portions of the case file and record which demonstrate that Surratt is entitled to no relief; otherwise, the court must conduct an evidentiary hearing to determine the merits of his case.

Reversed and remanded.

PATTERSON, A.C.J., and BLUE and WHATLEY, JJ., concur.

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PER CURIAM.

Terrence E. Surratt appeals the summary denial of his motion for postconviction relief. The trial court’s order offers no basis for the denial but merely attaches a copy of the state’s response to the motion. There are no other attachments to the court’s order to refute the allegations contained in the lengthy motion. While the state’s response does contain specific citations to the appellate record to support its conclusion that the issues raised are without merit, the record before this court does not contain the referenced pages.

Accordingly, the order denying the motion must be reversed. If the trial court again concludes that summary denial is proper, it must attach to its order those portions of the case file and record which demonstrate that Surratt is entitled to no relief; otherwise, the court must conduct an evidentiary hearing to determine the merits of his case.

Reversed and remanded.

PATTERSON, A.C.J., and BLUE and WHATLEY, JJ., concur.

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Bluebook (online)

659 So. 2d 1373, 1995 Fla. App. LEXIS 9526, 1995 WL 527222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/surratt-v-state-fladistctapp-1995.

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