RAYTAURUS ARMSTRONG
v.
STATE OF FLORIDA
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Raytaurus Armstrong appealed the trial court's summary dismissal of his Florida Rule of Criminal Procedure 3.800(a) postconviction motion as successive. The Fifth District Court of Appeal reversed and remanded, requiring the postconviction court to either attach Armstrong's three prior motions and their orders to the dismissal order, or review and address the merits of the motion.
The court must reverse and remand the summary dismissal, requiring the postconviction court to either attach the three prior motions and their orders to the dismissal order pursuant to Rule 3.800(a)(2), or to review and address the merits of the motion.
[1] A trial court must comply with Florida Rule of Criminal Procedure 3.800(a)(2) when addressing a successive postconviction motion by either attaching copies of all prior m…
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Join FLexlaw to unlock all legal intelligence“Appellant sought relief pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant appealed the trial court's summary dismissal of his 3.800 motion as successive.”
Establishes the procedural posture and basis for appeal.
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Join FLexlaw to unlock all legal intelligenceArmstrong filed a 3.800(a) motion for postconviction relief in connection with his 2013 conviction in Duval County. The trial court summarily dismisse…
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October 4, 2024 PER CURIAM.
Appellant sought relief pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant appealed the trial court’s summary dismissal of his 3.800 motion as successive. We reverse and remand with instructions for the postconviction court to either attach to its order Appellant’s three prior motions and their accompanying orders pursuant to Florida Rule of Criminal Procedure 3.800(a)(2), or to review and address the merits of the motion. Our reversal should not be construed or interpreted by the postconviction court as indicating that we have determined, on the merits, that Armstrong is entitled to relief on his motion. See Jones v. State, 198 So. 3d 920, 921 (Fla. 5th DCA 2016).
REVERSED and REMANDED with instructions. EDWARDS, C.J., and KILBANE and MACIVER, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.