RAMON H. TODD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAMON H. TODD, APPELLANT,
STATE OF FLORIDA, APPELLEE
901 So. 2d 425
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We reverse the lower court’s order that denied Appellant’s motion under Florida Rule of Criminal Procedure 3.800(a). As the State concedes, the order is deficient because it fails to attach portions of the record that refute the claim. Accordingly, we remand this cause to the trial court for the purpose of either granting the relief requested, or attaching portions of the record which refute Appellant’s claim for relief. See, e.g., Washington v. State, 890 So. 2d 1276 (Fla. 5th DCA 2005).
REVERSED and REMANDED.
SHARP, W., PETERSON and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Milliken v. State, 925 So. 2d 1130 (Fla. 5th DCA 2006)…his knowledge.” See Moore. See also Scott v. State, 464 So. 2d 1171 (Fla.1985). Accordingly, we deny the petition without prejudice to Mr. Milliken to file a new petition containing sufficient allegations and a sufficient oath. See Vasquez v. State, 901 So. 2d 425 (Fla. 5th DCA 2005); Raley v. State, 884 So. 2d 501 (Fla. 5th DCA 2004). PETITION DENIED WITHOUT PREJUDICE. PLEUS, C.J., PALMER and MONACO, JJ., concur.…
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Hydle v. State, 940 So. 2d 1288 (Fla. 5th DCA 2006)…Hydle has filed a petition for a belated appeal of his criminal conviction. [*1289] We deny the petition without prejudice to file a legally sufficient petition consistent with Florida Rule of Appellate Procedure 9.141(c). See also Vasquez v. State, 901 So. 2d 425 (Fla. 5th DCA 2005). PETITION DENIED. PALMER, ORFINGER and TORPY, JJ., concur.…
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Martin v. State, 915 So. 2d 259 (Fla. 5th DCA 2005)…PER CURIAM. The petitioner seeks authorization to file a belated appeal. The petition, however, does not meet the standard required by State v. Trowell, 739 So. 2d 77 (Fla.1999). Thus, as we did in Vasquez v. State, 901 So. 2d 425 (Fla. 5th DCA 2005), we deny the petition without prejudice to file a legally sufficient petition. PETITION DENIED. SHARP, W„ ORFINGER and MONACO, JJ., concur.…
Authorities Cited
- Alford v. State, 890 So. 2d 1276 (Fla. 5th DCA 2005)