LIONEL R. CRAWFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Resentencing cases and more on FLexlaw
[*833] COVINGTON, Judge.
Lionel R. Crawford appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Crawford alleged that he was entitled to be resentenced pursuant to Smith v. State, 537 So. 2d 982 (Fla.1989). The trial court’s order is not responsive to Crawford’s motion and has no attachments.
We accordingly reverse and remand for reconsideration of Crawford’s motion. See Terry v. State, 787 So. 2d 33 (Fla. 2d DCA 2001) (reversing summary denial of rule 3.800(a) motion because trial court’s order was not responsive to motion and had no attachments). If the trial court again determines that summary denial is proper, it must set forth its rationale and attach any relevant portions of the record that conclusively show relief is not required.
Reversed and remanded.
WHATLEY, NORTHCUTT, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
O'Neill v. State, 861 So. 2d 1234 (Fla. 2d DCA 2003)…42 (Fla. 1st DCA 1981). However, the trial court failed to address O’Neill’s claim that he served 220 days in the county jail. Therefore, we reverse and remand for the trial court to reconsider O’Neill’s claim for jail credit. See Crawford v. State, 823 So. 2d 832 (Fla. 2d DCA 2002). If the trial court determines that summary denial is proper, it must set forth its rationale and attach any relevant portions of the record that refute O’Neill’s claim. Affirmed in part, reversed in part, and remanded for furth…
-
Douglas v. State, 909 So. 2d 520 (Fla. 5th DCA 2005)…made pursuant to Florida Rule of Criminal Procedure 3.800(a). The lower court denied Douglas’s motion without attaching documents establishing that Douglas is not entitled to the credit. The State concedes error on this point. See Crawford v. State, 823 So. 2d 832 (Fla. 2d DCA 2002). The order of the trial court is reversed, and this cause is remanded with instructions to the trial court to either grant the relief or attach portions of the record that support the denial of relief. REVERSED and REMANDED.…
-
Haitham Saleh Suleiman v. State, 861 So. 2d 1175 (Fla. 2d DCA 2003)…nviction relief. The trial court summarily denied Suleiman’s motion without any explanation or record attachments. Accordingly, we reverse and remand for reconsideration of [*1176] Suleiman’s. motion. See Fla. R.Crim. P. 3.850(d); Crawford v. State, 823 So. 2d 832 (Fla. 2d DCA 2002); Terry v. State, 787 So. 2d 33 (Fla. 2d DCA 2001). If the trial court again summarily denies the motion, it must set forth its rationale and attach any relevant portions of the record which support the denial. Reversed and reman…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alphonso P. Smith v. State, 537 So. 2d 982 (Fla. 1989)
- Terry v. State, 787 So. 2d 33 (Fla. 2d DCA 2001)
- Nestor Melendez v. State, 787 So. 2d 33 (Fla. 2d DCA 2001)