STEPHEN DANIEL GUST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1987-03-24
No. BN-423
BOOTH, C.J., and THOMPSON, J., concur.
504 So. 2d 61 Florida District Court of Appeal, First District (1987) Caution
Cited by 3 cases
Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Gust appeals from an order summarily denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The order of denial was not based on the legal insufficiency of the motion on its face and no files or records were attached to it. We therefore remand to the trial court to attach those portions of the files and records conclusively showing the defendant is entitled to no relief, or conduct further proceedings in accordance with Rule 3.850.

Reversed and remanded with directions.

BOOTH, C.J., and THOMPSON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Gust v. State, 535 So. 2d 642 (Fla. 1st DCA 1988)
    …istance of counsel and that his plea was coerced. The trial court summarily denied the motion and this court reversed and remanded for attachment of those portions of the record conclusively showing Gust was entitled to no relief. See Gust v. State, 504 So. 2d 61 (Fla. 1st DCA 1987). According to appellee State, the trial court on remand again denied the motion, with supporting attachments; Gust did not appeal. The instant 3.850 motion was then filed, reiterating the two grounds alleged in the first motion…
  • Gust v. State, 558 So. 2d 450 (Fla. 1st DCA 1990)
    …interest, and that he bargained for the 15-year sentence. This order was reversed and remanded because the trial court did not attach the portions of the files and records conclusively showing the defendant was entitled to no relief. Gust v. State, 504 So. 2d 61 (Fla. 1st DCA 1987). The trial court then issued an order which reiterated the findings set out in its June 10, 1986 denial of appellant’s motion, adding that appellant acknowledged that he was satisfied with the services and advice of his attorney…
  • Rogers v. State, 510 So. 2d 1230 (Fla. 1st DCA 1987)
    …h conclusively shows the prisoner is entitled to no relief, or (2) to conduct further proceedings in accordance with Rule 3.850. Havis v. State, 506 So. 2d 3, 4 (Fla. 1st DCA 1987); Hampton v. State, 504 So. 2d 57 (Fla. 1st DCA 1987); Gust v. State, 504 So. 2d 61 (Fla. 1st DCA 1987); Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986). Neither course was followed in this case. The order clearly states that the trial court consulted the official court file to determine the sufficiency of the motion’s allegati…

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