SHORN K. CALLWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-06-23
No. 5D06-411
GRIFFIN and LAWSON, JJ., concur.
931 So. 2d 281 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 2 cases
Topics
Summary Denial Of Motion Florida Rule Of Criminal Procedure 3.850

Explore caselaw by topic → Browse Summary Denial Of Motion cases and more on FLexlaw

Opinion of the Court
SHARP, W., J.

Callwood appeals from a summary denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court based its summary denial on the ground that the motion is successive, after reviewing a pri-or motion for post conviction relief filed on September 14, 2004, and the order denying it dated ‘November 24, 2004. However, the trial court failed to attach the previous motion or order. Pursuant to Florida Rule of Criminal Procedure 3.850(d), a summary denial is permitted only if the motion, files and records in the case conclusively show the movant is entitled to no relief. Accordingly, we remand this cause to the trial court so that it can attach the necessary documents to establish the motion is successive, or to take other appropriate action on the merits.

REVERSED and REMANDED.

GRIFFIN and LAWSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lopez v. State, 946 So. 2d 46 (Fla. 3d DCA 2006)
    …o no relief. We thus remand this cause to the trial court so that it can attach the necessary documents to its summary denial order to establish that the motion is successive, or to take other appropriate action on the merits. See Callwood v. State, 931 So. 2d 281 (Fla. 5th DCA 2006). Reversed and remanded.…

Full citator, related cases, and AI research tools

Open in FLexlaw