MICHAEL DAVID DEEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1993-12-23
No. 93-2590
W. SHARP, PETERSON and GRIFFIN, JJ., concur.
627 So. 2d 625 Florida District Court of Appeal, Fifth District (1993) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The lower court’s order denying appellant’s Rule 3.850 motion without attachment of the portions of the record on which the lower court relied in its order is reversed with instructions to either attach the appropriate record or hold an evidentiary hearing. Waters v. State, 612 So. 2d 685 (Fla. 5th DCA 1993).

W. SHARP, PETERSON and GRIFFIN, JJ., concur.


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  • Edwards v. State, 652 So. 2d 1276 (Fla. 5th DCA 1995)
    …ons of the record to refute the allega [*1277] tions, review is limited to determining whether, accepting the allegations as true, the motion shows the defendant is not entitled to relief. Gorham v. State, 521 So. 2d 1067 (Fla. 1988); Deen v. State, 627 So. 2d 625 (Fla. 5th DCA 1993); Waters v. State, 612 So. 2d 685 (Fla. 5th DCA 1993); Debose v. State, 580 So. 2d 638 (Fla. 5th DCA 1991). The order summarily denying the defendant’s Rule 3.850 motion is reversed as to the two claims discussed above and reman…
  • Harris v. State, 632 So. 2d 711 (Fla. 5th DCA 1994)
    …at the restitution hearing (which was miscalculated)1 and $522.58 appears to be the correct amount (based on our humble [*712] appellate mathematics — no calculators) we remand this cause for a determination of the proper amount. See Luna v. State, 627 So. 2d 625 (Fla. 5th DCA 1993); Marchand v. State, 546 So. 2d 1184 (Fla. 5th DCA 1989). Restitution Order QUASHED; REMANDED. GRIFFIN and THOMPSON, JJ., concur. . Harris agreed to restitution for five worthless checks in the amount of $101.25, $67.05, $1…
  • Power v. State, 636 So. 2d 587 (Fla. 5th DCA 1994)
    …ying the appellant’s Rule 3.850 motion without attachment of the portions of the record upon which the trial court states it relied, is reversed with instructions to either attach the appropriate record or hold an evidentiary hearing. Deen v. State, 627 So. 2d 625 (Fla. 5th DCA 1993); Hamlin v. State, 622 So. 2d 1176 (Fla. 2d DCA 1993); Waters v. State, 612 So. 2d 685 (Fla. 5th DCA 1993); Bell v. State, 595 So. 2d 1018 (Fla. 2d DCA 1992). REVERSED and REMANDED with instructions. HARRIS, C.J., and GOSHORN…

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