DANE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant White appealed the denial of his post-conviction relief motion, arguing the trial court failed to enter findings of fact and conclusions of law as required by Florida Rule of Criminal Procedure 3.850(f)(8)(A). The Fourth District Court of Appeal agreed and reversed, holding that the trial court's conclusory order without detailed findings was insufficient and violated the rule's plain requirements.
Yes. The trial court erred by failing to include findings of fact and conclusions of law in both its oral and written rulings denying the post-conviction relief motion, in violation of the plain requirements of Rule 3.850(f)(8)(A). Such findings and conclusions are necessary to enable appellate review of the trial court's order.
[1] A circuit court must make findings of fact and conclusions of law when denying a motion for post-conviction relief after an evidentiary hearing, as required by Florida Ru…
[2] Failure to make findings of fact and conclusions of law after an evidentiary hearing on a motion for post-conviction relief constitutes reversible error.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If an evidentiary hearing is required, the court ... shall determine the issues, and make findings of fact and conclusions of law with respect thereto.”
This quote establishes the mandatory requirement of Rule 3.850(f)(8)(A) that the trial court must make findings of fact and conclusions of law.
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Join FLexlaw to unlock all legal intelligenceFollowing an evidentiary hearing on White's post-conviction relief motion, the trial court orally denied the motion based on review of the plea transc…
The full statement of facts, procedural history, and disposition for this case are member content.
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The defendant appeals from the circuit court’s order denying his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief after an evidentiary hearing. The defendant argues the court erred in denying his motion without making any findings of fact or conclusions of law supporting the court’s determination of the issues, as required by rule 3.850(f)(8)(A), which provides, in pertinent part:
If an evidentiary hearing is required, the court ... shall determine the issues, and make findings of fact and conclusions of law with respect thereto.
Fla. R. Crim. P. 3.850(f)(8)(A) (2015) (emphasis added).
We agree with the defendant’s argument. At the end of the evidentiary hearing, the circuit court orally denied the defendant’s motion as follows:
I have had an opportunity to review 'the transcript of the plea in this case and listen to the testimony of [the defendant] and [the defendant’s former attorney.].
Based on the testimony as it is laid out in the transcript and the testimony we received here in court, I am going to deny the 3.85[0] motion.
The court later entered a written order denying the defendant’s motion as follows:
THIS CAUSE having come on to be heard on 9-24-15 upon the Evidentiary hearing on Defendant’s, Motion for Post Conviction Relief 3.850, the Court fully advised in the premises, after hearing arguments of Counsel and reviewing all documents in support of said motion, it is hereby,
ORDERED AND ADJUDGED that the Defendant’s Motion for Post-Conviction Relief is hereby DENIED.
Neither the circuit court’s oral ruling nor the court’s written order contained the findings of fact and conclusions of law which rule 3.850(f)(8)(A) requires. Thus, the court erred in denying the motion without making such findings and conclusions.
The state argues, among other things, that the court’s error 'was. harmless because the court obviously found the defendant’s former attorney’s testimony to be *1131more persuasive than the defendant’s testimony during the evidentiary hearing.
While we appreciate that possibility given our review of the transcripts from the underlying plea hearing and the postcon-viction evidentiary hearing, we cannot make - such an assumption given rule 3.850(f)(8)(A)’s plain requirements and our prior rationale for enforcing such require-inents. See Leigh v. State, 175 So.3d 946, 947 (Fla. 4th DCA 2015) (“We reverse because, $s the state concedes, the trial court failed to make findings of fact and conclusions of law as required by Florida Rule of Criminal Procedure 3.850(f)(8)(A). Without these findings and conclusions, the appellate court is unable to properly review the trial court’s órder.”) (emphasis added; citations omitted).
Accordingly, we reverse and remand for the circuit court to enter an order complying with rule 3.850(f)(8)(A). Id. We conclude without further. discussion that the state’s remaining arguments for affir-mance lack merit.
Reversed and remanded.
WARNER and LEVINE, JJ., concur.
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Citator
Cited By
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Drakus v. State, 272 So. 3d 534 (Fla. 1st DCA 2019)…ns either orally or in its written order. See Fla. R. Crim. P. 3.850(f)(8)(A) (requiring such findings following an evidentiary hearing). As such, this case cannot be reviewed on appeal and must be remanded for a proper order. See White v. State, 198 So. 3d 1130, 1131 (Fla. 4th DCA 2016). Even though the State argues that the court must have regarded defense counsel’s testimony as more credible, the postconviction court never said as much, and we cannot make such an assumption. See id. While it also appe…
Authorities Cited
- Leigh v. State, 175 So. 3d 946 (Fla. 4th DCA 2015)