CHARLES DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES DAVIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
540 So. 2d 943
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
This is an appeal from summary denial of a motion for relief under rule 3.850, Florida Rules of Criminal Procedure. The motion complains of ineffective assistance of trial counsel. Finding that the motion was legally sufficient, we reverse and remand with directions either to attach to the order those portions of the record which refute appellant’s claims or to hold an evidentiary hearing. Squires v. State, 513 So. 2d 138 (Fla.1987); Taylor v. State, 505 So. 2d 28 (Fla. 4th DCA 1987).
REVERSED AND REMANDED.
HERSEY, C.J., and GLICKSTEIN and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 559 So. 2d 630 (Fla. 4th DCA 1990)…is the second time this appeal from denial of a motion for relief under Florida Rule of Criminal Procedure 3.850 is before this court. The motion complained of ineffective assistance of trial counsel. In our April 12, 1989, opinion, Davis v. State, 540 So. 2d 943 (Fla. 4th DCA 1989), we found the motion was legally sufficient. Denial of a motion alleging ineffective assistance of counsel is proper where the trial court attaches portions of the record refuting the defendant’s allegations. Squires v. State, 51…
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Thomas v. State, 566 So. 2d 613 (Fla. 4th DCA 1990)…rt costs and other compensation to various funds or to perform community service hours. As amended in 1986, section 27.3455, Florida Statutes, discontinued the community service option. See section 27.3455, Florida Statutes (1989); Houston v. State, 540 So. 2d 943 (Fla. 4th DCA 1989); see also Harrison v. State, 557 So. 2d 151 (Fla. 4th DCA 1990). We also hold that the trial court erred when it assessed these costs and fees without affording appellant notice and without making a determination of his financial…
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Harrison v. State, 557 So. 2d 151 (Fla. 4th DCA 1990)…luded a sum for “punitive” damages and a sum not supported by any evidence of actual damages incurred by the victims. The state also concedes that we must reverse the imposition of community service in lieu of the payment of costs. Houston v. State, 540 So. 2d 943 (Fla. 4th DCA 1989). [*152] Therefore, the judgment is affirmed, the sentence imposed is reversed and the cause is remanded for resentencing. GUNTHER and POLEN, JJ., concur.…
Authorities Cited
- Squires v. State, 513 So. 2d 138 (Fla. 1987)
- Rubin Printempts v. State, 505 So. 2d 28 (Fla. 4th DCA 1987)
- Taylor v. State, 505 So. 2d 28 (Fla. 4th DCA 1987)