LEWIS EDWARD OWENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEWIS EDWARD OWENS, APPELLANT,
STATE OF FLORIDA, APPELLEE
453 So. 2d 206
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 2 cases
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Opinion of the Court
PER CURIAM.
The order denying post-conviction relief, from which this appeal is taken, recites in pertinent part that the court “finds based upon all the pleadings in the case that the Defendant’s motion is without merit .... ”
We reverse and remand with instructions to comply with the alternatives provided by Rule 3.850 as follows:
If the motion and the files and records in the case conclusively show that the prisoner is entitled to no relief, the motion shall be denied without a hearing. In those instances when such denial is not predicated upon the legal insufficiency of the motion on its face, a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief shall be attached to the order. Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the prosecuting attorney of the court, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.
REVERSED AND REMANDED.
HERSEY, DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Wood v. State, 653 So. 2d 493 (Fla. 4th DCA 1995)…entered revoking probation. See Moss v. State, 617 So. 2d 473 (Fla. 4th DCA 1993). Finally, the State concedes that the trial court’s written order should be corrected on remand to conform to the trial court’s oral pronouncement. See Yoke v. State, 453 So. 2d 206 (Fla. 4th DCA 1984). Accordingly, we remand for resentencing to allow the trial court to correctly score the two prior offenses as third-degree felonies, enter a written order revoking Defendant’s probation, and conform such written order to the t…