ALPHONSO LUCAS
v.
THE STATE OF FLORIDA
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Alphonso Lucas appealed the trial court's summary denial of his postconviction motion under Florida Rule of Criminal Procedure 3.850. The appellate court reversed because the trial court failed to comply with procedural requirements by not attaching the necessary files and records to support its ruling of successiveness.
The trial court's summary denial of the postconviction motion was improper because it failed to attach to the order a copy of that portion of the files and records necessary to support the trial court's ruling of successiveness, as required by Florida Rule of Criminal Procedure 3.850(h)(2).
[1] A trial court must attach to its order summarily denying a postconviction Rule 3.850 motion as successive a copy of the relevant portions of the files and records demonst…
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Join FLexlaw to unlock all legal intelligence“the trial court failed to attach to the order a copy of that portion of the files and records necessary to support the trial court's ruling, as required by Florida Rule of Criminal Procedure 3.850(h)(2)”
Establishes the specific procedural violation that required reversal
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Join FLexlaw to unlock all legal intelligenceLucas filed a postconviction motion on September 19, 2023, seeking relief under Florida Rule of Criminal Procedure 3.850. The trial court summarily de…
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commendably concedes, we must reverse the trial court’s order that summarily denied Lucas’s motion as successive because the trial court failed to attach to the order a copy of that portion of the files and records necessary to support the trial court’s ruling, as required by Florida Rule of Criminal Procedure 3.850(h)(2). See Love v. State, 264 So. 3d 1182, 1183 (Fla. 2d DCA 2019). Accordingly, we reverse the challenged order and remand for the postconviction court either to attach documents demonstrating the successiveness of Lucas's claim or to consider Lucas’s motion on its merits. Id.
Reversed and remanded.