Weaver v. State

District Court of Appeal of Florida

Weaver v. State

506 So. 2d 1155, 12 Fla. L. Weekly 1212, 1987 Fla. App. LEXIS 8119

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1987

DocketNo. BP-375

StatusPublished

This text of 506 So. 2d 1155 (Weaver 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

Weaver v. State, 506 So. 2d 1155, 12 Fla. L. Weekly 1212, 1987 Fla. App. LEXIS 8119 (Fla. Ct. App. 1987).

Pincite

Opinion

SHIVERS, Judge.

Defendant Weaver appeals the trial court’s summary denial of his motion for post-conviction relief, in which he alleged that he had been erroneously sentenced to 75 years incarceration. Although the trial court stated in its order that appellant’s sentence was the result of a negotiated plea arrangement allowing the court to sentence defendant up to 75 years, it failed to attach any evidence of the plea arrangement to the order. Therefore, we reverse and remand for the trial court to either attach those portions of the file and record which conclusively show that the defendant is not entitled to any relief, or to conduct [1156]*1156further proceedings pursuant to Fla.R. Crim.P. 3.850.

REVERSED and REMANDED.

SMITH and WENTWORTH, JJ., concur.

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SHIVERS, Judge.

Defendant Weaver appeals the trial court’s summary denial of his motion for post-conviction relief, in which he alleged that he had been erroneously sentenced to 75 years incarceration. Although the trial court stated in its order that appellant’s sentence was the result of a negotiated plea arrangement allowing the court to sentence defendant up to 75 years, it failed to attach any evidence of the plea arrangement to the order. Therefore, we reverse and remand for the trial court to either attach those portions of the file and record which conclusively show that the defendant is not entitled to any relief, or to conduct [1156]*1156further proceedings pursuant to Fla.R. Crim.P. 3.850.

REVERSED and REMANDED.

SMITH and WENTWORTH, JJ., concur.

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Bluebook (online)

506 So. 2d 1155, 12 Fla. L. Weekly 1212, 1987 Fla. App. LEXIS 8119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-state-fladistctapp-1987.