ROBERT S. BARCHANOWICZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.850 cases and more on FLexlaw
PER CURIAM.
Robert S. Barchanowicz appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or records to refute appellant’s allegations.
Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, unless the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall order the state attorney to file an answer within a time certain. After receipt of the answer, the court shall determine whether an evidentiary hearing is required. If the court should again deny appellant’s motion, he has thirty days in which to appeal.
Reversed and remanded.
RYDER, A.C.J., and HALL and SANDERLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Hampton, 692 So. 2d 278 (Fla. 5th DCA 1997)…(Fla. 5th DCA 1985). Other district courts are in agreement with Bare. See, e.g., O’Malley v. Mounts, 590 So. 2d 437 (Fla. 4th DCA 1991), rev. denied, 595 So. 2d 557 (Fla.1992); State v. Guthrie, 567 So. 2d 544 (Fla. 2d DCA 1990); Franklin v. State, 505 So. 2d 1118 (Fla. 2d DCA 1987); State v. Chacon, 479 So. 2d 229 (Fla. 3d DCA 1985), disapproved on other grounds in State v. Fields, 505 So. 2d 1336 (Fla.1987). We agree with the state. In Wells the issue that was argued to, and addressed by, this court was th…
-
State v. Telesz, 873 So. 2d 1236 (Fla. 2d DCA 2004)…ssue, several districts have held that section 812.035(10), instead of section 775.15, applies to the offense of grand theft. We find these cases persuasive because grand theft, like petit theft, is defined in section 812.014. In Franklin v. State, 505 So. 2d 1118, 1119 (Fla. 2d DCA 1987), this court determined that the offense of grand theft is controlled by section 812.035(10), “which provides a five-year statute of limitations in cases of theft instead of the general three-year statute of limitations for t…
-
State v. Guthrie, 567 So. 2d 544 (Fla. 2d DCA 1990)…that this offense is governed by the five-year statute of limitations established in section 812.035(10), Florida Statutes (1983), rather than by the three-year period established in section 775.-15(2)(b), Florida Statutes (1983). Franklin v. State, 505 So. 2d 1118 (Fla. 2d DCA 1987); State v. Bare, 473 So. 2d 799 (Fla. 5th DCA 1985). The state seeks to extend the five-year period by proving that the defendants were continuously absent from the state during a portion of the five-year period. Section 775.15(6)…