CLARENCE LOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2004-02-11
No. 2D03-4057
SILBERMAN and WALLACE, JJ„ Concur.
865 So. 2d 637 Florida District Court of Appeal, Second District (2004) Caution
Cited by 4 cases

Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

Clarence Lott seeks review of the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court summarily denied his motion without any explanation or record attachments. It also failed to inform Lott of his right to appeal within thirty days. Accordingly, we reverse and remand for reconsideration of Lott’s motion in accordance with our opinion in Suleiman v. State, 861 So. 2d 1175 (Fla. 2d DCA 2003). 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 its denial.

Reversed and remanded.

SILBERMAN and WALLACE, JJ„ Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Walters v. State, 994 So. 2d 1230 (Fla. 2d DCA 2008)
    …ains no findings, explanation, or record attachments, and it does not advise Walters of his right to appeal; it simply denies his motions. This was error and requires reversal. See, e.g., Anderson v. State, 627 So. 2d 1170 (Fla.1993); Lott v. State, 865 So. 2d 637 (Fla. 2d DCA 2004). We therefore reverse the postconviction court’s order and remand for reconsideration of the rule 3.800(a) and 3.850 motions. On remand, the trial court shall enter an order that articulates its reasoning and otherwise complies…
  • Harris v. State, 911 So. 2d 221 (Fla. 2d DCA 2005)
    …r that rule stays rendition of the previously entered final judgment and sentence. See Fla. R.App. P. 9.020(h). The judgment and sentence, of course, would have been entered with notice of the right to appeal within thirty days. . In Lott v. State, 865 So. 2d 637 (Fla. 2d DCA 2004), we reversed an order entered on a rule 3.800(a) motion noting that the order was an insufficient "rubber stamp” order because it contained no explanation, attachments, or notice of the right to appeal, citing Suleiman v. State, 8…
  • Gassaway v. State, 993 So. 2d 1186 (Fla. 2d DCA 2008)
    …udge. Michael Gassaway seeks review of the summary denial of a motion and an amended motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Like the order that was reversed by this court in Lott v. State, 865 So. 2d 637 (Fla. 2d DCA 2004), the order summarily denying relief in the present appeal does not contain an explanation for the court’s ruling, include record attachments, or alert the defendant to his right to appeal within thirty days. Accordingly, we revers…

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