JAMES ROBERT HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant's allegations were facially sufficient to warrant an evidentiary hearing.
Appellant sought post-conviction relief, which was denied without an evidentiary hearing. The state failed to respond to the appeal after being grante…
The full statement of facts, procedural history, and disposition for this case are member content.
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ZEHMER, Judge.
This is an appeal from a denial of post-conviction relief without an evidentiary hearing. Because appellant’s allegations were sufficient to merit an evidentiary hearing, this court sought to learn the state’s position. On May 26, 1987, the court entered the following order:
Pursuant to Florida Rule of Appellate Procedure 9.140(g), the court requests the attorney general to file herein, on behalf of the state, a brief in response to appellant’s appeal from the lower court’s denial of the rule 3.850 motion. See Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986). Such brief shall be filed within (20) days from the date of this order. On June 17,1987, the state was granted, at its request, an additional fifteen days with in which to respond. To date no response has been filed.
We find that Hall’s allegations are facially sufficient. Therefore, we reverse and remand with instructions to reconsider appellant’s 3.850 motion and to attach those portions of the file and record which conclusively show that appellant is entitled to no relief or, alternatively, to grant an evidentiary hearing. Mills v. State, 507 So. 2d 168 (Fla. 4th DCA 1987).
JOANOS and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harden v. State, 528 So. 2d 544 (Fla. 1st DCA 1988)…al Procedure 3.850. See Green v. State, 525 So. 2d 1037 (Fla. 1st DCA 1988); Russell v. State, 521 So. 2d 379 (Fla. 1st DCA 1988); Knight v. State, 517 So. 2d 87 (Fla. 1st DCA 1987); House v. State, 511 So. 2d 724 (Fla. 1st DCA 1987); Hall v. State, 511 So. 2d 676 (Fla. 1st DCA 1987). Accordingly, we reverse and remand this matter to the trial court. Upon remand, the trial court is directed to support the order by attaching appropriate documentation conclusively demonstrating that appellant is entitled to n…
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Keller v. State, 551 So. 2d 1269 (Fla. 1st DCA 1989)…record conclusively demonstrating that appellant was entitled to no relief. Harden v. State, 528 So. 2d 544 (Pla. 1st DCA 1988); Russell v. State, 521 So. 2d 379 (Fla. 1st DCA 1988); Knight v. State, 517 So. 2d 87 (Pla. 1st DCA 1987); Hall v. State, 511 So. 2d 676 (Fla. 1st DCA 1987); Havis v. State, 506 So. 2d 3 (Fla. 1st DCA 1987). This case is REVERSED and REMANDED to the trial court for further proceedings. WIGGINTON, J., concurs. BOOTH, J., dissents, with opinion.…
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Kelly v. State, 578 So. 2d 342 (Fla. 1st DCA 1991)…the record before us is incomplete, we remand for the trial court to attach those portions of the file and record which conclusively show that as part of the plea agreement, appellant agreed to a score of 200 points for victim injury. Hall v. State, 511 So. 2d 676 (Fla. 1st DCA 1987). BOOTH and ZEHMER, JJ., concur.…
Authorities Cited
- Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986)
- In the Interest of C.A.Y., Jr., 507 So. 2d 168 (Fla. 4th DCA 1987)