TROY M. OATSVALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1984-07-13
No. AY-9
SMITH and ZEHMER, JJ., concur.
453 So. 2d 147 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 4 cases
Topics
Direct Consequences Of A Plea Involuntary Plea Florida Rule Of Criminal Procedure 3.850 Motion For Postconviction Relief

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Opinion of the Court
J0AN0S, Judge.

J0AN0S, Judge.

Oatsvall appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. His motion alleged that his plea of guilty to the charge of larceny of an automobile was entered involuntarily because it was not made with an understanding of the nature of the charge or the consequences of the plea. No portion of the file or record was attached to the order denying appellant’s motion. Instead, the order recited that the trial court had reviewed the motion and found “that the defendant is entitled to no relief.”

Appellant’s motion appears to be facially sufficient. Therefore, it was error for the trial court to summarily deny the motion, and this cause is reversed and remanded with directions to the trial court to attach portions of the record which conclusively show that appellant is entitled to no relief or to conduct an evidentiary hearing on the allegations presented in the motion. See: State v. Reynolds, 238 So. 2d 598 (Fla.1970); Wilcox v. State, 267 So. 2d 15 (Fla. 1st DCA 1972).

REVERSED and REMANDED.

SMITH and ZEHMER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Barfield v. Barfield, 472 So. 2d 820 (Fla. 3d DCA 1985)
    …proximately one week later, the court summarily denied the husband’s motion. Since there was no factual basis for the trial court to make a finding one way or the other, we must remand for an evidentiary hearing on the matter. Cf. Oatsvall v. State, 453 So. 2d 147 (Fla. 1st DCA 1984) (where criminal defendant’s motion for post-conviction relief is facially sufficient, it is error to summarily deny the motion without an evi-dentiary hearing); Gonzalez v. State, 451 So. 2d 1041 (Fla. 3d DCA 1984) (same). Cf Avi…
  • Paige Allison Frye v. State, 471 So. 2d 214 (Fla. 1st DCA 1985)
    …and remanded with directions to the trial court to attach portions of the record which conclusively show that appellant is entitled to no relief or to conduct an evidentiary hearing on the allegations presented in the motion. See Oatsvall v. State, 453 So. 2d 147 (Fla. 1st DCA 1984); West v. State, 455 So. 2d 1158 (Fla. 2d DCA 1984). BOOTH and BARFÍELD, JJ., concur.…

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