MICHAEL VANGUNDA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL VANGUNDA, APPELLANT,
STATE OF FLORIDA, APPELLEE
769 So. 2d 448
Florida District Court of Appeal, First District (2000)
Negative Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
This appeal arises from an order summarily denying Appellant’s motion pursuant to rule 3.850, Florida Rules of Criminal Procedure. Appellant concedes that the trial court’s denial of claim 1 was proper. Claim 2 is without merit. Therefore, we affirm claims 1 and 2 without further discussion. We remand claim 3 to the trial court for attachment of records conclusively refuting the claim or to conduct an evidentiary hearing.
BOOTH and BENTON, JJ., and SHIVERS, DOUGLASS B., Senior Judge, CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Wright v. State, 911 So. 2d 81 (Fla. 2005)…(Fla. 2d DCA 2003), which certified conflict with the decisions in Kirtsey v. State, 855 So. 2d 177 (Fla. 1st DCA 2003); Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002); Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002); Thames v. State, 769 So. 2d 448 (Fla. 1st DCA 2000); Hampton v. [*82] State, 764 So. 2d 829 (Fla. 1st DCA 2000); and Macias v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The Second District in Wright held that the failure o…
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Wright v. State, 864 So. 2d 1153 (Fla. 2d DCA 2003)…der of denial, recede from our opinion in King, 835 So. 2d 1224, and certify conflict with the First District’s opinions in Kirtsey v. State, 855 So. 2d 177 (Fla. 1st DCA 2003), Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002), Thames v. State, 769 So. 2d 448 (Fla. 1st DCA 2000), and Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000); the Third District’s opinion in Macias v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993); and the Fourth District’s opinion in Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA…
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Baxter v. State, 892 So. 2d 1087 (Fla. 2d DCA 2004)…banc). As this court did in Wright, we certify direct conflict with Kirtsey v. State, 855 So. 2d 177 (Fla. 1st DCA 2003); Hernandez v. State, 825 So. 2d 513 (Fla. 4th DCA 2002); Bingham v. State, 813 So. 2d 1021 (Fla. 1st DCA 2002); Thames v. State, 769 So. 2d 448 (Fla. 1st DCA 2000); Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000); and Macias v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993). Affirmed; conflict certified. DAVIS, KELLY, and VILLANTI, JJ., concur.…
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