RODRIGUEZ
v.
STATE
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A trial court must conduct an evidentiary hearing on the merits of a petition to correct a defendant's name in criminal record documents rather than summarily denying it without supporting documentation.
[1] A trial court cannot summarily deny a petition to correct a defendant's name in criminal record documents without conducting an evidentiary hearing on the merits and must…
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Citation to Howard v. State establishing the legal standard for petitions to correct criminal records
Roberto Rodriguez (also known as Orlando Rodriguez) filed a petition to correct his name in criminal record documents that incorrectly showed his name…
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PER CURIAM.
Roberto Rodriguez (“Orlando Rodriguez”) appeals an order summarily denying, without a response from the State, and without attaching any documents in support of denial, his "petition for correction of name." He seeks to correct record documents relating to his criminal conviction and sentence which show his name as "Roberto Rodriguez” when he is, in fact, Orlando Rodriguez.
In its response filed in this appeal, the State concedes that the trial court’s summary order of denial should be reversed and the case remanded for a ruling on the merits of Mr. Rodriguez’ petition. We agree. See Howard v. State, 139 So. 3d 975 (Fla. 4th DCA 2014) (reversing trial court’s summary order of denial of defendant’s motion to correct record and remanding for consideration of motion on the merits). Accordingly, we hereby reverse and remand for an evidentiary hearing to occur, within ten days and pursuant to Florida Rule of Civil Procedure 1.540(a) and Howard, on the merits of Mr. Rodriguez’ petition for correction of name.
Reversed and remanded with instructions.