SIMMONS, JR.
v.
STATE OF FLORIDA
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A postconviction court must attach specific record support to an order striking a pro se motion as a nullity, showing that counsel was appointed or retained for the specific purpose of representing the defendant on that particular motion.
[1] A postconviction court striking a pro se motion as a nullity must attach specific record evidence to its order demonstrating that counsel was appointed or retained for th…
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Join FLexlaw to unlock all legal intelligence“In order for the postconviction court to summarily dismiss [a] pro se motion as a nullity, the postconviction court must attach specific record support to the order of dismissal showing that [the defendant] was represented by counsel either appointed or retained for the specific purpose of representing him on [that particular] motion.”
Footnote 1, citing Murray v. State and Baker v. State for the requirement of specific record support
Simmons filed an amended pro se motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) while represented by counsel. …
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
ABRAHAM SIMMONS, JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2025-0401
January 16, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Sarasota County; Thomas W. Krug, Judge.
PER CURIAM.
Abraham Simmons, Jr., appeals the order striking his amended motion to correct illegal sentence. The postconviction court found that Simmons was represented by counsel and struck his motion as a nullity without prejudice to his filing a motion through counsel. See Murray v. State,1 So. 3d 407, 408 (Fla. 2d DCA 2009) ("A defendant does not have the right to file pro se motions while also represented by counsel, and such motions should be treated as nullities unless they unequivocally seek to discharge counsel."). However, the court attached nothing from the record supporting its finding that Simmons was represented by counsel for purposes of filing a motion under Florida Rule of Criminal
2
Procedure 3.800(a).1 Accordingly, we reverse and remand for further proceedings.
Reversed and remanded.
NORTHCUTT, KELLY, and VILLANTI, JJ., Concur.
Opinion subject to revision prior to official publication.
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- Murray v. State, 1 So. 3d 407 (Fla. 2d DCA 2009)