COLANDRO PETERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-04-27
No. 4D03-1618
GUNTHER, POLEN and HAZOURI, JJ., concur.
900 So. 2d 723 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm without prejudice to the filing of a motion under Florida Rule of Criminal Procedure 3.850.

GUNTHER, POLEN and HAZOURI, JJ., concur.


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  • Norris Lundy, Jr. v. State, 912 So. 2d 671 (Fla. 3d DCA 2005)
    …the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded [*672] for an evidentiary hearing or other appropriate relief.”). See also Barfield v. State, 900 So. 2d 723 (Fla. 3d DCA 2005); Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000). On remand, the trial court should either attach those portions of the record that conclusively refute Lundy’s claim or award him the appropriate credit for time served. Reverse…
  • Davis v. State, 219 So. 3d 201 (Fla. 3d DCA 2017)
    …lower court’s order or record attachments whether the defendant waived his credit for time served, we reverse and remand for an evidentiary hearing or other appropriate relief.”); Lundy v. State, 912 So. 2d 671 (Fla. 3d DCA 2005); Barfield v. State, 900 So. 2d 723 (Fla. 3d DCA 2005); Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000); see also Louis v. State, 143 So. 3d 452, 453 (Fla. 5th DCA 2014) (“When a factual dispute exists, and the files and records do not conclusively show appellant is entitled to no r…
  • Gurrola v. State, 925 So. 2d 430 (Fla. 3d DCA 2006)
    …al from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.”). See also Barfield v. State, 900 So. 2d 723 (Fla. 3d DCA 2005); Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000). On remand, the trial court should either attach those portions of the record that conclusively refute Gurrola’s claim or award him the appropriate credit for time served. Rever…

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