DENNIS CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.850 cases and more on FLexlaw
PER CURIAM.
Dennis Carter, pro se, appeals the trial court’s denial of his motion for relief pursuant to Florida Rule of Criminal Procedure 3.850. The trial court summarily denied the motion, without requiring the state to file a response, and without attachment of portions of the record which show appellant is entitled to no relief. While the trial court did include in its order of denial the legal bases for its ruling, we disagree with their application at this stage. We cannot agree with the trial court’s apparent determination that the appellant’s motion was facially inadequate so as to preclude the necessity for further inquiry.
Accordingly, we reverse and remand for further proceedings. After affording the state an opportunity to respond to the 3.850 motion, the trial court shall either conduct an evidentiary hearing, or attach to its order of denial portions of the record showing the defendant is not entitled to relief.
POLEN, FARMER and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lucious Hankins, Jr. v. State, 677 So. 2d 112 (Fla. 4th DCA 1996)…titled to relief. Therefore, we reverse and remand this cause to the trial court with instructions to either conduct an evidentiary hearing or to attach those parts of the record showing that appellant is not entitled to relief. See Carter v. State, 632 So. 2d 1139 (Fla. 4th DCA 1994). See also Toliver v. State, 652 So. 2d 1291 (Fla. 1st DCA 1995). REVERSED and REMANDED. DELL, FARMER and SHAHOOD, JJ., concur.…
-
Ivanovic v. State, 675 So. 2d 265 (Fla. 4th DCA 1996)…Accordingly, this case is reversed and remanded with directions to the trial court to either conduct an evidentiary hearing or attach to its order of denial portions of the record showing that Ivanovie is not entitled to relief. See Carter v. State, 632 So. 2d 1139 (Fla. 4th DCA 1994); Lewis v. State, 613 So. 2d 115 (Fla. 4th DCA 1993). REVERSED AND REMANDED. GUNTHER, C.J., and WARNER and FARMER, JJ., concur.…
-
Wilder v. State, 675 So. 2d 1041 (Fla. 4th DCA 1996)…Accordingly, this case is reversed and remanded with directions to the trial court to either conduct an evidentiary hearing or append to its order those portions of the record that show Wilder is not entitled to [*1042] relief. See Carter v. State, 632 So. 2d 1139 (Fla. 4th DCA 1994); Lewis v. State, 613 So. 2d 115 (Fla. 4th DCA 1993). REVERSED AND REMANDED. GUNTHER, C.J., and POLEN and GROSS, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence