DAVYION HOLMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1999-06-16
No. 99-00643
BLUE, A.C.J., and WHATLEY and GREEN, JJ., Concur.
735 So. 2d 573 Florida District Court of Appeal, Second District (1999) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Davyion Holmes appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Only one ground asserted by Holmes has merit, and on that ground, we reverse. The order of the trial court is affirmed in all other respects.

The trial court denied relief on Holmes’ allegation that a scoresheet error increased his sentence, stating that Holmes had made the same claim in a previous motion which had been denied. The court determined that this aspect of the motion was successive, but it failed to attach any documentation in support of this conclusion.

The trial court is directed to reconsider the motion. If the court again summarily denies the claim, it should attach those portions of the record that conclusively refute Holmes’ allegations.

Affirmed in part, reversed in part, and remanded.

BLUE, A.C.J., and WHATLEY and GREEN, JJ., Concur.


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  • Wallis v. Sikes, 801 So. 2d 290 (Fla. 1st DCA 2001)
    …l father, the trial court must appoint a guardian ad litem for the child and determine whether the blood test would be in the child’s best interest. See Dep’t of Health & Rehab. Servs. v. Privette, 617 So. 2d 305 (Fla.1993); Worley v. Dep’t of Rev., 735 So. 2d 573 (Fla. 1st DCA 1999). Mr. Sikes argues that Mr. Wallis did not object to the blood test, but that argument overlooks the trial court’s obligation to protect the interests of the child. Accordingly, we quash the order requiring the child to submit t…

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