BILLY O. BAKER
v.
STATE OF FLORIDA
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A postconviction Rule 3.850 motion that is facially sufficient cannot be summarily denied without either attaching records that conclusively refute the claim or conducting an evidentiary hearing.
[1] A trial court may not summarily deny a facially sufficient Rule 3.850 postconviction motion but must either attach records conclusively refuting the claim or conduct an e…
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Join FLexlaw to unlock all legal intelligenceBilly O. Baker filed a Rule 3.850 postconviction motion in Martin County Circuit Court. The trial court summarily denied the motion as insufficient.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
BILLY O. BAKER, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D21-1611
[October 27, 2021]
Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Judge; L.T. Case No. 432020CF000399A.
Billy O. Baker, Wewahitchka, pro se.
Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
On Confession of Error
We accept the State’s confession of error in its response to this Court’s order to show cause. The trial court erred in summarily denying the postconviction motion as insufficient. As the State concedes, Appellant’s claim is facially sufficient. Accordingly, we reverse and remand for attachment of records conclusively refuting the claim or for an evidentiary hearing.
Reversed and remanded.
CONNER, C.J., DAMOORGIAN and LEVINE, JJ., concur.
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