GERALD EUGENE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1997-02-28
No. 96-3324
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
688 So. 2d 449 Florida District Court of Appeal, First District (1997) Positive Treatment
Cited by 3 cases
Topics
Timeliness Of Motion Direct Appeal Motion For Postconviction Relief Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, an inmate of the state correctional system, seeks review of a final order denying his motion requesting post-eonviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied relief based solely upon its conclusion that the motion was untimely. That conclusion was, in turn, based upon the assumption that appellant had not taken a direct appeal from his conviction and sentence. However, that assumption was erroneous. Appellant did, in fact, appeal his sentence, claiming that it was illegal, and this court affirmed without opinion. White v. State, 641 So. 2d 74 (Fla. 1st DCA 1994). Our mandate issued on August 12, 1994, and appellant filed his motion seeking post-conviction relief on June 10, 1996. Accordingly, his motion was timely filed.

We reverse the order denying relief, and remand for further proceedings. Should the trial court again conclude that appellant is entitled to no relief, it shall attach to its order those portions of the record which conclusively demonstrate that fact.

REVERSED and REMANDED, with directions.

WEBSTER, MICKLE and LAWRENCE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Montgomery v. State, 704 So. 2d 548 (Fla. 1st DCA 1997)
    …cularly with regard to Count I and to imposition of the three-year minimum mandatory terms. We remand for correction of the written sentence to conform with the oral pronouncement rendered by the court at the sentencing hearing. See Barger v. State, 688 So. 2d 449 (Fla. 1st DCA 1997). We turn now to the state’s sole claim of error, to wit: the dismissal of Count VII, which was severed from the remaining counts. We agree that reversal is warranted in light of recent supreme court decisions invalidating the au…
  • Smith v. State, 711 So. 2d 100 (Fla. 1st DCA 1998)
    …ere willful, we conclude that the trial court abused its discretion in revoking probation. Further, the written order on appeal does not conform with the trial court’s oral pronouncement relating to the alleged failure to pay costs. Barger v. State, 688 So. 2d 449 (Fla. 1st DCA 1997). Accordingly, we reverse the order of revocation of probation and remand to the trial court with directions to continue the previously imposed probation. REVERSED. JOANOS and VAN NORTWICK, JJ., concur. BOOTH, J., dissents with…
  • K.E.H. v. State, 717 So. 2d 182 (Fla. 1st DCA 1998)
    …ore the conclusion of the adjudicatory hearing. Finally, the order incorrectly reflects a public defender fee, which was not orally imposed. The written order must be corrected to conform to the court’s oral pronouncement. See, e.g. Barger v. State, 688 So. 2d 449 (Fla. 1st DCA 1997). WOLF and LAWRENCE, JJ., concur.…

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