RONALD M. THOMPSON, 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.
Florida appellate court reversed summary denial of post-conviction relief motion because the trial court failed to comply with procedural requirements under Rule 3.850 when addressing the timely-raised sentencing issue.
A trial court must comply with Rule 3.850 procedures by attaching portions of files and records or otherwise addressing the merits when denying a post-conviction relief motion on a timely-raised issue, rather than summarily denying it.
[1] A trial court must comply with Florida Rule of Criminal Procedure 3.850 by attaching relevant portions of files and records or otherwise addressing the merits when denyin…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceRonald Thompson appealed a summary denial of his post-conviction relief motion filed in December 1987, more than two years after his judgment became f…
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 Rule 3.850 cases and more on FLexlaw
SHIVERS, Judge.
Appellant, Ronald M. Thompson, appeals from the trial court’s summary denial of his motion for. post-conviction relief, in which he raised three issues: (1) that defense counsel erroneously advised appellant that he could receive a life sentence if convicted; (2) that appellant should have been allowed to withdraw his guilty plea when the trial court rejected the terms of a plea agreement; and (3) that the 25-year sentence imposed by the trial court improperly exceeded the statutory maximum of 15 years for second-degree felonies. It appears from the record on appeal that the judgment and sentence rendered in appel lant’s case became final sometime in 1980 or 1981 or, in any case, more than two years prior to the December 1987 filing of appellant’s motion for post-conviction relief. That being the case, only the third issue in the motion was timely raised. Fla. R.Crim.P. 3.850. Since the trial court’s denial was not based on the legal insufficiency of the motion on its face, we reverse and remand for the court to either attach portions of the files and records showing that appellant is entitled to no relief on the sentencing issue, or to otherwise follow the requirements of Rule 3.850.
REVERSED and REMANDED.
MILLS and WENTWORTH, JJ., concur.