JEAN TRANQUILLE, A/K/A GEAN TRANQUILLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Jean Tranquille, a/k/a Gean Tranquille, appeals the summary denial of his motion for posteonviction relief pursuant to Florida Rule of Criminal Procedure 3.850. He contends that his sentence upon violation of probation in March 1997 is an illegal sentence. In its order denying the motion, the trial court conclusively stated that the record refutes the claims set forth in the motion. Unfortunately, the court has failed to attach any documentation to support the numerous factual representations in the order. When a defendant has presented a facially sufficient claim, it is error for the trial court to summarily deny the motion without attaching portions of the file or record to refute the allegations. See Wilson v. State, 593 So. 2d 1216, 1217 (Fla. 2d DCA 1992). Accordingly, we reverse and remand to the trial court for further proceedings. On remand, the trial court may again deny relief by attaching sufficient documentation to refute Tranquille’s claim or the court must conduct an evidentiary hearing. See Johnson v. State, 666 So. 2d 983 (Fla. 2d DCA 1996).
Reversed and remanded.
PATTERSON, A.C.J., and ALTENBERND and NORTHCUTT, JJ., concur.
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Baron Greenwade v. State, 124 So. 3d 215 (Fla. 2013)…ecision of the Third District Court of Appeal in Ross v. State, 528 So. 2d 1237 (Fla. 3d DCA 1988), as well as the decisions of the Second District Court of Appeal in Sheridan v. State, 850 So. 2d 638 [*217] (Fla. 2d DCA 2003), and Safford v. State, 708 So. 2d 676 (Fla. 2d DCA 1998). We have jurisdiction. Art. V, § 8(b)(4), Fla. Const. FACTS On April 29, 2009, Detective Donald Bishop and other officers from the Jacksonville Sheriffs Office executed a search, warrant at a Jacksonville residence. As the offic…
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Gaston v. State, 721 So. 2d 399 (Fla. 2d DCA 1998)…ained in the court file. However, the trial court failed to attach a copy of this probable cause affidavit to its order. Therefore, we have no choice but to reverse the trial court’s order and remand for further proceedings. See Tranquille v. State, 708 So. 2d 676 (Fla. 2d DCA 1998). On remand, if the trial court again denies Ga-ston’s motion, it shall attach to its order all portions of the record upon which it relies. Reversed and remanded. ' CAMPBELL, A.C.J., and WHATLEY and SALCINES, JJ., Concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Prezell Wilson v. State, 593 So. 2d 1216 (Fla. 2d DCA 1992)
- Johnson v. State, 666 So. 2d 983 (Fla. 2d DCA 1996)