BRIAN I. MILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse the trial court’s order summarily denying the “rule 3.850(h)” motion filed pursuant to Steele v. Kehoe, 747 So. 2d 931 (Fla.1999), by Brian I. Mills, which should have been treated as a petition for writ of habeas corpus. Id. at 934.
We find Mills alleged a legally sufficient claim requesting permission to file a belated motion for postconviction relief. We direct the trial court on remand to conduct an evidentiary hearing to determine whether Mills, through his mother and family friend, retained counsel to file a timely rule 3.850 motion, and whether counsel failed timely to file such a motion. See Medrano v. State, 748 So. 2d 986 (Fla.1999); Steele; Krasnick v. State, 780 So. 2d 1045 (Fla. 4th DCA 2001). Further, the state may present any evidence that would support their claim of laches.
POLEN, GROSS and HAZOURI, JJ., concur.
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…f the rule. Baker v. State, 714 So. 2d 1167, 1167 (Fla. 1st DCA 1998). At a minimum, a rule 3.800 motion should state where in the record the information can be located and explain how the record demonstrates entitlement to relief. Alfonso v. State, 901 So. 2d 939, 939 (Fla. 4th DCA 2005); Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). That was not done here, as Petscher merely alleges, without any reference to the record, that he is entitled to additional jail credit.1 If the claim cannot be resolv…
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Santiago v. State, 22 So. 3d 789 (Fla. 5th DCA 2009)…f the rule. Baker v. State, 714 So. 2d 1167, 1167 (Fla. 1st DCA 1998). At a minimum, a rule 3.800 motion should state where in the record the information can be located and explain how the record demonstrates entitlement to relief. Alfonso v. State, 901 So. 2d 939, 939 (Fla. 4th DCA 2005); Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). That was not done here, as Santiago merely alleges, without any reference to the record, that he is entitled to additional jail credit.1 If the claim cannot be resolv…
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Montalvo v. State, 957 So. 2d 1273 (Fla. 4th DCA 2007)…eele v. Kehoe, 747 So. 2d 931, 934 (Fla.1999), relief must be denied. In response to this court’s order to show cause, the state acknowledges that the motion should have been treated as a petition for writ of habeas corpus, compare Mills v. State, 901 So. 2d 939 (Fla. 4th DCA 2005) (reversing trial court’s order summarily denying “rule 3.850(h)” motion filed pursuant to Steele v. Kehoe, which trial court should have treated as petition for writ of habeas corpus), but asserts that the motion was properly den…
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- Steele v. Kehoe, 747 So. 2d 931 (Fla. 1999)
- Acencion Medrano v. State, 748 So. 2d 986 (Fla. 1999)
- Krasnick v. State, 780 So. 2d 1045 (Fla. 4th DCA 2001)