WILLIE FRED WEST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court held that the trial court's order denying postconviction relief was procedurally deficient for failing to attach relevant portions of the record.
Appellant sought postconviction relief, claiming insufficient jail time credit. The trial court denied the motion without attaching the necessary reco…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jail Credit cases and more on FLexlaw
PER CURIAM.
This appeal is from the denial of a motion seeking postconviction relief under Florida Rule of Criminal Procedure 3.850. The appellant asserts only one ground for relief; he alleges that he was entitled to fifty-one days’ credit for jail time served, but was given credit for only twenty-eight days. The trial judge entered an order denying the motion, reciting that the trial judge had carefully examined the motion and the file in this cause and found that the defendant had been given credit for all time served to which he was entitled.
The order entered by the trial judge, however, does not conform to the requirements of Rule 3.850. The rule states that in those instances when the denial of a motion under Rule 3.850 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 record of the case conclusively show that the prisoner is entitled to no relief, the trial judge is directed to conduct an evidentiary hearing and make appropriate findings of fact.
Accordingly, we reverse the trial judge’s denial of the appellant’s motion and remand the case to the trial court. On remand, the trial judge may either again deny the motion and attach to his order those portions of the record which conclusively show that the appellant is not entitled to relief or hold an evidentiary hearing and then rule on the allegations in the motion. Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982). To obtain further review, any aggrieved party must appeal the new ruling of the trial judge.
REVERSED AND REMANDED.
OTT, A.C.J., and DANAHY and CAMPBELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McCANTS v. State, 504 So. 2d 30 (Fla. 2d DCA 1987)…the trial court denied the motion without an evidentiary hearing on the basis of the files and records before it, no document, contrary to the requirement of Rule 3.850, was appended to the order refuting the appellant’s allegations. West v. State, 455 So. 2d 1158, 1159 (Fla. 2d DCA 1984). Accordingly, we reverse and remand this matter to the trial court. Following remand, the trial court is to support its order by attaching appropriate documentation conclusively disclosing that appellant is not entitled to…
-
Paige Allison Frye v. State, 471 So. 2d 214 (Fla. 1st DCA 1985)…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.…
-
Gifford v. State, 523 So. 2d 794 (Fla. 2d DCA 1988)…d’s motion, the trial court’s order includes a finding that the record “refutes defendant’s claim four different times.” Unfortunately, no supportive documentation was attached to that order, contrary to the requirement of Rule 3.850. West v. State, 455 So. 2d 1158 (Fla. 2d DCA 1984); McCants v. State, 504 So. 2d 30 (Fla. 2d DCA 1987). We reverse and remand this matter to the trial court. Upon remand, the trial court is to support its order by attaching appropriate documentation conclusively exhibiting that G…
Authorities Cited
- Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982)