REGINALD S. WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-06-10
No. 92-01445
SCHOONOVER, C.J., and DANAHY and PARKER, JJ., concur.
600 So. 2d 1236 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 9 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Reginald S. White appeals the summary denial of his motion for postconviction 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.

SCHOONOVER, C.J., and DANAHY and PARKER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Ellis v. State, 622 So. 2d 991 (Fla. 1993)
    …n, and gave testimony inconsistent with an earlier statement. As a result of the inconsistency, Feagle subsequently has been prosecuted for perjury by inconsistent statements. See State v. Feagle, 604 So. 2d 824 (Fla. 1st DCA 1991); State v. Feagle, 600 So. 2d 1236 (Fla. 1st DCA 1992). However, it is clear that the earlier statement was not made at a trial, hearing, or deposition. Therefore, the only possible basis for the State’s argument is that Feagle’s prior statement was made in some “other proceeding.”…
    1 / 2
  • State v. Bonebright, 742 So. 2d 290 (Fla. 1st DCA 1998)
    …th should be granted sparingly. State v. Fuller, 463 So. 2d 1252 (Fla. 5th DCA 1985). The trial court should not decide factual issues, determine the weight to be given to conflicting evidence or assess the credibility of witnesses. State v. Feagle, 600 So. 2d 1236 (Fla. 1st DCA 1992). In considering such a motion, the trial court must construe all evidence and inferences in a light most favorable to the state. Vanhoosen v. State, 469 So. 2d 230 (Fla. 1st DCA 1985). The state is not obliged to produce evidence…
  • Miller v. State, 971 So. 2d 951 (Fla. 5th DCA 2007)
    …th should be granted sparingly. State v. Fuller, 463 So. 2d 1252 (Fla. 5th DCA 1985). The trial court should not decide factual issues, determine the weight to be given to conflicting evidence or assess the credibility of witnesses. State v. Feagle, 600 So. 2d 1236, 1239 (Fla. 1st DCA 1992). In this appeal, Mr. Miller seeks our review of his constitutional challenge to section 943.0435(1), Florida Statutes. We review the constitutionality of this statute de novo, as it presents a pure question of law. Dep’t o…

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