ROBERT L. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1982-08-25
No. 82-1625
LETTS, C. J., and DELL and WALDEN, JJ., concur.
419 So. 2d 1118 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Robert L. Williams appeals the lower court’s denial of his motion for post-conviction relief. Where a motion for post-conviction relief is denied and the denial is not predicated on the insufficiency of the motion on its face, a copy of that portion of the files and records which conclusively shows that the movant is not entitled to relief must be attached to the order of denial. Fla.R.Crim.P. 3.850. In this case, there are no attachments to the order and there was no evidentiary hearing held. Accordingly, the cause is reversed and remanded to the lower court with instructions to hold an evidentiary hearing. Fla.R. App.P. 9.140(g).

REVERSED AND REMANDED.

LETTS, C. J., and DELL and WALDEN, JJ., concur.

Other
PER CURIAM.

PER CURIAM.

Motion for rehearing granted. We note that the trial court, following our remand of this case, has complied with Florida Rule of Appellate Procedure 9.140(g) by attaching a copy of that portion of the record which conclusively shows that appellant is not entitled to post-conviction relief. Therefore, the trial court need not hold an evidentiary hearing and we affirm the trial court’s order denying appellant’s motion for post-conviction relief.

LETTS, C. J., and DELL and WALDEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Tucker v. State, 555 So. 2d 1298 (Fla. 3d DCA 1990)
    …PER CURIAM. Affirmed. State v. Farrugia, 419 So. 2d 1118 (Fla. 1st DCA 1982); Cummings v. State, 378 So. 2d 879 (Fla. 1st DCA 1979).…
  • State v. Ferris Michele Paleveda, 745 So. 2d 1026 (Fla. 2d DCA 1999)
    …84 (Fla. 5th DCA 1994); see also Brown v. State, 428 So. 2d 250 (Fla.1983); Loyd v. State, 677 So. 2d 76 (Fla. 2d DCA 1996); Span v. State, 732 So. 2d 1196 (Fla. 4th DCA 1999); Moffatt v. State, 583 So. 2d 779 (Fla. 1st DCA 1991); State v. Farrugia, 419 So. 2d 1118 (Fla. 1st DCA 1982); State v. Oxx, 417 So. 2d 287 (Fla. 5th DCA 1982); Wale v. State, 397 So. 2d 738 (Fla. 4th DCA 1981). Since the material facts alleged in Paleveda’s motion are sufficient to establish a prima facie case of actual possession of co…
  • Rita v. State, 470 So. 2d 80 (Fla. 1st DCA 1985)
    …suspect and of questionable credibility, there is simply no evidence legally sufficient to establish Rita’s knowledge of the illicit cargo. [*87] The state argues that the trial court’s order should be affirmed on the authority of State v. Farrugia, 419 So. 2d 1118 (Fla. 1st DCA 1982). In that case both defendants alternated in driving a pickup with a camper shell and were stopped by an agricultural inspector for passing the station. An odor of marijuana was detected when the vehicle was stopped. An operable w…
    1 / 2

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