DARRYL PARKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DARRYL PARKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
736 So. 2d 136
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This cause is before us on appeal from a summary denial of Appellant’s Florida Rule of Criminal Procedure 3.850 motion. The record before us does not support the trial court’s finding that Appellant’s motion was successive. Accordingly, we reverse and remand. On remand, should the trial court conclude that Appellant’s Ashley claim (see State v. Wilson, 658 So. 2d 521 (Fla.1995)) is conclusively refuted by the record, it shall attach to its order denying relief those parts of the record upon which it relies. Otherwise, it shall hold a hearing.
REVERSED and REMANDED.
BOOTH, JOANOS and WEBSTER, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Parker v. State, 766 So. 2d 1172 (Fla. 1st DCA 2000)…te, 700 So. 2d 390 (Fla. 1st DCA 1997). The trial court denied relief a second time, but this Court remanded the case again for the trial court to attach portions of the record conclusively refuting the appellant’s Ashley claim. See Parker v. State, 736 So. 2d 136 (Fla. 1st DCA 1999). The case is before this Court again after the trial court denied relief for a third time. We conclude that the appellant’s claim regarding the trial court’s failure to notify him of the collateral consequences of his plea is no…
Authorities Cited
- State v. Wilson, 658 So. 2d 521 (Fla. 1995)