Walkes v. State

District Court of Appeal of Florida

Walkes v. State

9 So. 3d 774, 2009 Fla. App. LEXIS 6899, 2009 WL 1531802

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 2009

DocketNo. 4D08-4305

StatusPublished

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This text of 9 So. 3d 774 (Walkes 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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Walkes v. State, 9 So. 3d 774, 2009 Fla. App. LEXIS 6899, 2009 WL 1531802 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

Michael Walkes filed a rule 3.850 motion seeking postconviction relief. The trial judge denied the motion without ordering a response from the state or attaching records to refute the claims. The court also did not state any reason for the denial in its order. As a result, we must reverse and remand for further review of the motion. See, e.g., Terry v. State,: 970 So.2d 863 (Fla. 4th DCA 2007) (citing Smith v. State, 956 So.2d 1266, 1267 (Fla. 4th DCA 2007)); see also Fla. R.Crim. P. 3.850(d); Hayes v. State, 958 So.2d 571 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007).

Reversed and remanded.

GROSS, C.J., WARNER and MAY, JJ., concur.

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PER CURIAM.

Michael Walkes filed a rule 3.850 motion seeking postconviction relief. The trial judge denied the motion without ordering a response from the state or attaching records to refute the claims. The court also did not state any reason for the denial in its order. As a result, we must reverse and remand for further review of the motion. See, e.g., Terry v. State,: 970 So.2d 863 (Fla. 4th DCA 2007) (citing Smith v. State, 956 So.2d 1266, 1267 (Fla. 4th DCA 2007)); see also Fla. R.Crim. P. 3.850(d); Hayes v. State, 958 So.2d 571 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007).

Reversed and remanded.

GROSS, C.J., WARNER and MAY, JJ., concur.

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9 So. 3d 774, 2009 Fla. App. LEXIS 6899, 2009 WL 1531802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walkes-v-state-fladistctapp-2009.

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