ELIZABETH SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ELIZABETH SIMMONS, APPELLANT,
STATE OF FLORIDA, APPELLEE
807 So. 2d 800
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellant challenges the order by which the trial court summarily denied her Florida Rule of Criminal Procedure 3.850 motion. Because the record does not conclusively refute the appellant’s colorable claims that her pleas were entered as a consequence of her counsel’s erroneous advice as to the amount of time she would actually serve after application of jail credit and gain time, we reverse the order under review and remand this case to the trial court for an evidentiary hearing on the appellant’s claims.
ALLEN, C.J., MINER and WEBSTER, JJ., concur.
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Rodriguez v. Fla. Parole Comm'n, 973 So. 2d 1153 (Fla. 1st DCA 2006)…Ins. Co. of Conn. v. Sealey, 810 So. 2d 988 (Fla. 1st DCA 2002). Because appellant was represented by counsel, the pro se “Motion for Relief from Judgment” was a legal nullity. See Marsh v. State, 919 So. 2d 540 (Fla. 3d DCA 2005); Booker v. State, 807 So. 2d 800 (Fla. 1st DCA 2002). As such, the pro se motion likewise did not postpone rendition of the trial court’s final order. APPEAL DISMISSED. KAHN, and LEWIS, JJ., concur. BENTON, J., DISSENTS WITH OPINION.…
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Cornelius v. State, 223 So. 3d 398 (Fla. 5th DCA 2017)…s a nullity and must be stricken if it is filed while the defendant is represented by counsel. See Logan v. State, 846 So. 2d 472, 476 (Fla. 2003); Craven, 955 So. 2d at 1183; Sams v. State, 849 So. 2d 1172, 1174 (Fla. 3d DCA 2003); Booker v. State, 807 So. 2d 800, 801 (Fla. 1st DCA 2002); Lewis, 766 So. 2d at 289. Courts sometimes consider “nullity rule” to be an appropriate moniker. See Sheppard, 17 So. 3d at 280. A motion by the State to strike a pro se pleading is not a prerequisite to application of the…