Yuravich v. State

District Court of Appeal of Florida

Yuravich v. State

495 So. 2d 889, 11 Fla. L. Weekly 2175, 1986 Fla. App. LEXIS 10044

CourtDistrict Court of Appeal of Florida

DecidedOctober 10, 1986

DocketNo. 86-2058

StatusPublished

This text of 495 So. 2d 889 (Yuravich 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

Yuravich v. State, 495 So. 2d 889, 11 Fla. L. Weekly 2175, 1986 Fla. App. LEXIS 10044 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Lawrence Yuravich appeals the summary denial of his motion for post-conviction relief. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or records to refute appellant’s allegations. See Fla.R.Crim.P. 3.850.

Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, the trial court may either again summarily deny the motion and attach to its order those portions of the record which conclusively show that appellant is not entitled to relief or hold an evidentiary hearing and then rule on the allegation raised in appellant’s motion. To obtain further review in this cause, there must be an appeal from the new ruling of the trial court.

DANAHY, C.J., and LEHAN and FRANK, JJ., concur.

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PER CURIAM.

Lawrence Yuravich appeals the summary denial of his motion for post-conviction relief. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or records to refute appellant’s allegations. See Fla.R.Crim.P. 3.850.

Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, the trial court may either again summarily deny the motion and attach to its order those portions of the record which conclusively show that appellant is not entitled to relief or hold an evidentiary hearing and then rule on the allegation raised in appellant’s motion. To obtain further review in this cause, there must be an appeal from the new ruling of the trial court.

DANAHY, C.J., and LEHAN and FRANK, JJ., concur.

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Bluebook (online)

495 So. 2d 889, 11 Fla. L. Weekly 2175, 1986 Fla. App. LEXIS 10044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yuravich-v-state-fladistctapp-1986.