TERRANCE D. MCCLENDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred in denying a rule 3.850 motion without stating its rationale or attaching record excerpts refuting the claims.
Appellant filed a rule 3.850 motion for post-conviction relief, which the trial court summarily denied. The order denying relief did not provide a rat…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Rule 3.800 Motion cases and more on FLexlaw
PER CURIAM.
We reverse the trial court’s denial of the appellant’s rule 3.850 motion for postcon-viction relief. The order denying relief does not show the rationale used by the court to summarily deny the motion, nor does it attach any record excerpts that specifically address the claims raised in the rule 3.850 motion. See Anderson v. State, 627 So. 2d 1170 (Fla.1993) (citing Hoffman v. State, 571 So. 2d 449, 450 (Fla.1990)). Our supreme court has consistently described the lower court’s duties when denying such a motion as “a trial court must either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion.” Id. at 1171.
In the instant case, the appellant filed both a rule 3.850 motion and a rule 3.800 motion, both summarily denied by the lower court on the same day. The record reveals the lower court attached the state’s response to the rale 3.800 motion as its justification for denying the appellant’s rule 3.850 motion. As no other rationale was contained within the order denying relief, the order fails to comply with the requirements of Florida Rule of Criminal Procedure 3.850(d) and cases such as Anderson and Hoffman.
Therefore, the order denying relief is reversed and remanded to the trial court for the attachment of record excerpts conclusively showing appellant is entitled to no relief with respect to his rule 3.850 motion. If no such record excerpts exist for all the claims raised therein, the appellant is entitled to an evidentiary hearing on those claims not conclusively refuted by the record.
FARMER, POLEN and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Simon v. State, 997 So. 2d 490 (Fla. 4th DCA 2008)…shall be attached to the order. The law is well-settled that the trial court must state its rationale for summarily denying a motion or “attach those specific parts of the record that refute each claim presented in the motion.” McClendon v. State, 862 So. 2d 945, 945 (Fla. 4th DCA 2004) (quoting Anderson v. State, 627 So. 2d 1170, 1171 (Fla.1993)). The state’s suggestion that appellant must provide portions of the record to support his post-conviction claim is contrary to law. The trial court’s failure to a…
-
Hebert v. State, 162 So. 3d 64 (Fla. 4th DCA 2014)…within that ground. While we affirm the trial court’s disposition of ground one and the point addressed at the evidentiary hearing, we reverse and remand for the trial court to consider the remaining claim within ground two. See McClendon v. State, 862 So. 2d 945 (Fla. 4th DCA 2004). See also Fla. R. Crim. P. 3.850(f)(8)(C). Affirmed in part, reversed and remanded in part. WARNER, STEVENSON and LEVINE, JJ., concur.…
-
Sills v. State, 993 So. 2d 1113 (Fla. 4th DCA 2008)…g a hearing on these points and remand this cause with directions to hold an evidentiary hearing on these grounds, or to attach those portions of the record which conclusively demonstrate that Sills is not entitled to relief. See McClendon v. State, 862 So. 2d 945, 945 (Fla. 4th DCA 2004). [*1114] Reversed and Remanded With Directions. TAYLOR, HAZOURI, JJ., and BLANC, PETER D., Associate Judge, concur.…
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
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
- Hoffman v. State, 571 So. 2d 449 (Fla. 1990)