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Wimberly v. State

127 So. 3d 705, 2013 WL 6081809, 2013 Fla. App. LEXIS 18438
CourtDistrict Court of Appeal of Florida
DecidedNovember 20, 2013
DocketNo. 4D13-47
StatusPublished

This text of 127 So. 3d 705 (Wimberly 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
Wimberly v. State, 127 So. 3d 705, 2013 WL 6081809, 2013 Fla. App. LEXIS 18438 (Fla. Ct. App. 2013).

Opinion

PER CURIAM.

We affirm without comment the trial court’s summary denial of grounds one and two of appellant’s motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, but reverse and remand with directions as to ground three to either hold an evidentiary hearing or attach portions of the record that refute that claim. Simpson v. State, 100 So.3d 1258, 1259 (Fla. 4th DCA 2012); Stallworth v. State, 21 So.3d 84, 86 (Fla. 1st DCA 2009); Hall v. State, 855 So.2d 249, 250 (Fla. 3d DCA 2003).

Affirmed in Part; Reversed in Part and Remanded.

DAMOORGIAN, C.J., WARNER and CIKLIN, JJ., concur.

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Related

Stallworth v. State
21 So. 3d 84 (District Court of Appeal of Florida, 2009)
Simpson v. State
100 So. 3d 1258 (District Court of Appeal of Florida, 2012)
Hall v. State
855 So. 2d 249 (District Court of Appeal of Florida, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
127 So. 3d 705, 2013 WL 6081809, 2013 Fla. App. LEXIS 18438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wimberly-v-state-fladistctapp-2013.