GARY L. PERROT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-09-05
No. 2D00-4523
GREEN, A.C.J., and STRINGER, J., Concur.
795 So. 2d 1015 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 6 cases
Topics
Rule Of Sequestration Motion For Postconviction Relief Evidentiary Hearing Postconviction Relief

Explore caselaw by topic → Browse Rule Of Sequestration cases and more on FLexlaw

Opinion of the Court
SALCINES, Judge.

SALCINES, Judge.

Gary L. Perrot appeals the trial court’s summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Perrot alleged that counsel was ineffective for failing to object or move for a mistrial when he learned that prosecutors met with witnesses, including the victim, to discuss the case after defense counsel had invoked the rule sequestering witnesses. Previously, in Perrot v. State, 765 So. 2d 85 (Fla. 2d DCA 2000), we reversed and remanded this case with specific directions to the trial court to attach record evidence conclusively refuting Perrot’s claims or to hold an evidentiary hearing. On remand, the trial court again summarily denied Per-rot’s motion. Although the court attached three pages from the trial transcript to its order, the attachments merely confirmed several of Perrot’s allegations. Significantly, the transcript confirmed that, when asked what occurred at the meeting, one of the prosecutors stated, ‘We talked about the case.” Perrot’s claims accordingly have not been conclusively refuted. We again reverse.

On remand, the trial court shall conduct an evidentiary hearing.

Reversed and remanded.

GREEN, A.C.J., and STRINGER, J., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ellis v. State, 855 So. 2d 101 (Fla. 2d DCA 2003)
    …ial court denied relief on this ground. On appeal from the denial of postconviction relief, this court noted that Ellis had been convicted of “multiple counts of aggravated child abuse under section 827.03, Florida Statutes (1993).” Ellis v. State, 795 So. 2d 1015, 1016 (Fla. 2d DCA 2001). The court noted that counts “ten, eleven, and twelve” were scored as level eight offenses when they should have been scored as level four offenses. Id. In reversing and remanding for resentencing on this issue, this court r…
  • Ellis v. State, 913 So. 2d 1255 (Fla. 2d DCA 2005)
    …ounts 5, 6, and 7. The four-year sentence on counts 9 and 10 was ordered to run consecutively with the above’ sentences. In 2001 we reviewed the denial of a prior motion for postconviction relief, and again remanded for resentencing. Ellis v. State, 795 So. 2d 1015 (Fla. 2d DCA 2001). Thereafter, in December 2001 the circuit court resentenced Ellis to concurrent terms of fifteen years’ imprisonment on counts 1, 2, and 3, to be followed..by a consecutive term of thirty months’ imprisonment on counts 5, 6, 7, 8,…
  • Robinson v. State, 826 So. 2d 1061 (Fla. 2d DCA 2002)
    …binson alleged that there was an error on the face of the scoresheet, because his aggravated child abuse conviction was assigned a level eight ranking, rather than a level four. This claim is cognizable in a rule 3.800(a) motion. See Ellis v. State, 795 So. 2d 1015 (Fla. 2d DCA 2001). Because the jury verdict merely found Robinson guilty as charged of aggravated child abuse and failed to specify that he violated subsection 1(a) of section 827.03, the conviction should have been assigned a level four ranking. S…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw