HORACE LEROY MADDOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Maddox challenged a trial court's summary denial of his post-conviction Rule 3.800 motion, arguing the court lacked sufficient reasons to retain jurisdiction over one-third of his sentence. The appellate court reversed because the trial court failed to provide adequate record attachments demonstrating the motion was successive and therefore improperly denied it summarily.
The trial court improperly denied the motion as successive because the attached portions of the record did not demonstrate that appellant had presented the instant argument regarding the invalidity of the retention of jurisdiction. A motion that does not deal with the specific issue raised in a previous motion is not successive.
[1] A trial court must attach record portions demonstrating a postconviction motion is successive when summarily denying it on those grounds.
[2] A postconviction motion is not successive if it raises a specific issue not addressed in a prior motion.
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Join FLexlaw to unlock all legal intelligence“The motion filed by the appellant is facially sufficient to warrant consideration on the merits.”
Establishes that the post-conviction motion met minimum procedural requirements and should not have been summarily denied without reviewing its substance.
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Join FLexlaw to unlock all legal intelligenceAppellant Maddox filed a post-conviction motion under Florida Rule of Criminal Procedure 3.800, alleging the trial court failed to provide sufficient …
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PER CURIAM.
The appellant challenges the trial court’s order summarily denying his posteonvie tion motion filed pursuant to Florida Rule of Criminal Procedure 3.800. Because the trial court failed to attach portions of the record that demonstrate the appellant’s motion was successive, we reverse.
The motion filed by the appellant is facially sufficient to warrant consideration on the merits. The appellant alleges that the trial court failed to provide sufficient reasons to retain jurisdiction over the first one-third of his sentence as required by Hampton v. State, 764 So. 2d 829, 830 (Fla. 1st DCA 2000) (acknowledging standard that trial courts must meet for retention of jurisdiction to be valid). The trial court summarily denied the appellant’s motion, finding that it was successive in that the appellant had presented this argument in a prior rule 3.800 motion. The attachments, however, provided by the trial court only demonstrate that the appellant had acknowledged that the trial, court had retained jurisdiction over the first one-third of his sentence and did not demonstrate that the appellant had presented the instant argument that such retention was invalid for lack of sufficient reasons. Therefore denial as successive was improper. See Fuston v. State, 764 So. 2d 779, 779-80 (Fla. 2d DCA 2000) (holding that a motion that does not deal with the “specific issue” raised in a previous motion is not successive). Accordingly, we reverse the lower court’s summary denial of the appellant’s motion and remand to the trial court to address the appellant’s claim on the merits or provide record attachments that demonstrate the successiveness of the appellant’s claim.
REVERSED AND REMANDED.
BARFIELD, DAVIS and BENTON, JJ., concur.
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Citator
Cited By
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Ivory Arnold v. State, 949 So. 2d 1141 (Fla. 1st DCA 2007)…er court’s summary denial of the appellant’s motion and remand to the trial court to address the appellant’s claim on the merits or provide record attachments that demonstrate the successiveness [*1142] of the appellant’s claim. See Maddox v. State, 870 So. 2d 956 (Fla. 1st DCA 2004). REVERSED AND REMANDED. BARFIELD, BENTON, and POLSTON, JJ., concur.…
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Levie Bell v. State, 32 So. 3d 728 (Fla. 1st DCA 2010)…refore reverse the summary denial of the appellant’s rule 3.800(a) motion and remand either for the postconviction court to attach portions of the record that conclusively refute the appellant’s claim or for further proceedings. See Maddox v. State, 870 So. 2d 956 (Fla. 1st DCA 2004). REVERSED AND REMANDED. WEBSTER, LEWIS, and ROBERTS, JJ., concur.…
Authorities Cited
- Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000)
- Fuston v. State, 764 So. 2d 779 (Fla. 2d DCA 2000)