JOHNNY J. TIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without discussion the denial of appellant’s claims of ineffective assistance of counsel. However, we reverse and remand the denial of appellant’s claim that there was no factual basis supporting his plea to one count of felony battery causing great bodily harm. See Sherwood v. State, 734 So. 2d 1050 (Fla. 1st DCA 1998) (reversing and remanding claim in 3.850 motion that appellant pled to offense for which there was no factual basis); Jones v. State, 647 So. 2d 182 (Fla. 1st DCA 1994) (“When a 3.850 movant alleges that his plea had no factual basis, and the trial court fails to attach to its order those portions of the record establishing that basis, the order does not conclusively show that the movant is entitled to no relief.”). The trial court shall attach records refuting appellant’s allegations or hold an evidentiary hearing.
LEWIS and THOMAS, JJ., and LAWRENCE, JR., L. ARTHUR, Senior Judge, concur.
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Schlabach v. State, 37 So. 3d 230 (Fla. 2010)…se the trial court had jurisdiction to consider the rule 3.800(c) motion on the merits where the motion was filed within sixty days and failure to do so constitutes a departure from the essential requirements of the law. See, e.g., Brander v. State, 996 So. 2d 255, 256 (Fla. 1st DCA 2008); Bacchus, 958 So. 2d at 1017. . The State apparently accepts the proposition that if the defendant files a motion to enlarge the time pursuant to rule 3.050, the trial court would have discretion to enlarge the time period…
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Coker v. State, 139 So. 3d 430 (Fla. 1st DCA 2014)…tence imposed by it, sua sponte, or upon motion filed, ... within 60 days after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and/or sentence”); see also Brander v. State, 996 So. 2d 255, 256 (Fla. 1st DCA 2008) (granting the petition for writ of certiorari upon holding that the trial court’s failure to consider the merits of the petitioner’s rule 3.800(c) motion on the basis that it lacked jurisdiction constituted a departure from…
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Taylor v. State, 176 So. 3d 1285 (Fla. 1st DCA 2015)…ourt still had jurisdiction to consider the motion on the merits, and the procedural error causing its failure to do so was a departure from the essential requirements of law. See Coker v. State, 139 So. 3d 430 (Fla. 1st DCA 2014); Brander v. State, 996 So. 2d 255, 256 (Fla. 1st DCA 2008); Davis v. State, 745 So. 2d 499, 499 (Fla. 1st DCA 1999). Accordingly, we GRANT the petition for writ of certiorari, QUASH the trial court’s order, and REMAND for consideration of the motion on the merits. BENTON, ROWE,…
Authorities Cited
- Briggs v. State, 647 So. 2d 182 (Fla. 1st DCA 1994)
- Horton v. State, 734 So. 2d 1050 (Fla. 1st DCA 1998)