Vandervlist v. State

District Court of Appeal of Florida

Vandervlist v. State

640 So. 2d 1227, 1994 Fla. App. LEXIS 7883, 1994 WL 413382

CourtDistrict Court of Appeal of Florida

DecidedAugust 10, 1994

DocketNo. 94-01950

StatusPublished

Cited by1 cases

This text of 640 So. 2d 1227 (Vandervlist 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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Vandervlist v. State, 640 So. 2d 1227, 1994 Fla. App. LEXIS 7883, 1994 WL 413382 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

Steven Vandervlist appeals the denial of his motion for postconviction relief sought pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

The trial court never reached the merits of Vandervlist’s motion, finding instead that the motion was untimely filed more than two years after the judgment and sentence became final. However, the trial court failed to support its finding by attaching a copy of the judgment and sentence to its order. Accordingly, we reverse and remand. The trial court may either deny the motion and attach documentation which demonstrates that Van-dervlist is not entitled to relief or conduct further proceedings.

Reversed and remanded.

CAMPBELL, A.C.J., and SCHOONOVER and FULMER, JJ., concur.

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