DONALD R. RENNIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1995-10-27
No. 95-2211
DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.
661 So. 2d 972 Florida District Court of Appeal, Fifth District (1995) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant has untimely sought review of two post-conviction motions; however, because the lower court’s orders denying relief failed, as required, to advise appellant of his right to appeal and of the deadline for doing so, we treat the appeals as timely. There is no merit to the appeal of either order, save in the contention that condition 20 of the probation order may be invalid. The orders appealed do not have attachments showing that appellant is not entitled to relief on this issue. Accordingly, we vacate the order and remand to the lower court with instructions to delete the condition or attach portions of the record showing that the condition is proper. VACATED AND REMANDED with instructions.

DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Alexander v. State, 893 So. 2d 615 (Fla. 2d DCA 2005)
    …’record, does not show that the court confirmed Alexander knew the consequences of an HVFO sentence, the court should hold another evi-dentiary hearing to determine whether Alexander’s attorney discussed the issue with him. See Drumwright v. State, 661 So. 2d 972, 972 (Fla. 5th DCA 1995) (remanding for an evidentiary hearing on whether counsel or the court advised the defendant of the consequences of his plea under Ashley ). If his attorney advised him of the consequences of such sentencing, the court may de…

Full citator, related cases, and AI research tools

Open in FLexlaw