KEITH E. KISER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEITH E. KISER, APPELLANT,
STATE OF FLORIDA, APPELLEE
625 So. 2d 127
Florida District Court of Appeal, First District (1993)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Kiser brings this appeal from the trial court’s order denying his motion for post-conviction relief on the basis that it is a successive motion alleging grounds that could have been raised in the initial motion. However, the trial court failed to attach any documents to its order establishing the fact that the motion is a successive one and that Kiser is entitled to no relief. Accordingly, we must reverse and remand either for the attachment of pertinent portions of the record, Gust v. State, 535 So. 2d 642 (Fla. 1st DCA 1988), or for further proceedings consistent with rule 3.850, Florida Rules of Criminal Procedure. REVERSED and REMANDED for further proceedings.
ZEHMER, C.J., and JOANOS and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitchell v. State, 699 So. 2d 810 (Fla. 1st DCA 1997)…have been raised in the previous motion. Therefore, we must reverse and remand for attachment of records conclusively demonstrating Mitchell is not entitled to any relief, or for further proceedings consistent with rule 3.850. See Kiser v. State, 625 So. 2d 127 (Fla. 1st DCA 1993). On remand, pursuant rule 3.850(f), the trial court must consider any claims which were raised in the prior motion, unless such were previously denied on the merits. See Zeigler v. State, 632 So. 2d 48 (Fla.1993); Scott v. State,…
Authorities Cited
- Gust v. State, 535 So. 2d 642 (Fla. 1st DCA 1988)