Wright v. State

District Court of Appeal of Florida

Wright v. State

596 So. 2d 471, 1992 Fla. App. LEXIS 2694, 1992 WL 48728

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 1992

DocketNo. 91-2582

StatusPublished

Cited by1 cases

This text of 596 So. 2d 471 (Wright 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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Wright v. State, 596 So. 2d 471, 1992 Fla. App. LEXIS 2694, 1992 WL 48728 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

This appeal is taken from the denial of appellant’s motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850. The post-conviction relief motion challenged appellant’s life sentences for armed robbery and concurrent five year sentence for attempted felony murder. We affirm the denial of the 3.850 motion as it pertains to the life sentences. The motion for post-conviction relief was untimely filed as to these sentences, and appellant has failed to demonstrate entitlement to a belated appeal.

The motion for post-conviction relief was timely filed as to the concurrent five year sentence for attempted murder imposed on [472]*472remand. We, therefore, reverse that portion of the order of denial pertaining to the sentence for attempted felony murder for consideration of the legal sufficiency of the motion as it pertains to this sentence and for an evidentiary hearing or for attachment of portions of the record necessary to show that defendant is not entitled to relief on his claims. Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).

ANSTEAD, DELL and FARMER, JJ., concur.

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PER CURIAM.

This appeal is taken from the denial of appellant’s motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850. The post-conviction relief motion challenged appellant’s life sentences for armed robbery and concurrent five year sentence for attempted felony murder. We affirm the denial of the 3.850 motion as it pertains to the life sentences. The motion for post-conviction relief was untimely filed as to these sentences, and appellant has failed to demonstrate entitlement to a belated appeal.

The motion for post-conviction relief was timely filed as to the concurrent five year sentence for attempted murder imposed on [472]*472remand. We, therefore, reverse that portion of the order of denial pertaining to the sentence for attempted felony murder for consideration of the legal sufficiency of the motion as it pertains to this sentence and for an evidentiary hearing or for attachment of portions of the record necessary to show that defendant is not entitled to relief on his claims. Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).

ANSTEAD, DELL and FARMER, JJ., concur.

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596 So. 2d 471, 1992 Fla. App. LEXIS 2694, 1992 WL 48728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-state-fladistctapp-1992.

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