JOHN LEE PATTERSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2005-11-15
No. 1D05-3891
KAHN, C.J., WOLF and VAN NORTWICK, JJ., concur.
914 So. 2d 1014 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition seeking a belated appeal of the order of June 15, 2005, denying petitioner’s motion to correct illegal sentence in Duval County Circuit Court case number 16-2002-CF-6968-AXXX, is granted. Upon issuance of mandate, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D).

KAHN, C.J., WOLF and VAN NORTWICK, JJ., concur.


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  • Jere Andre Walker v. State, 940 So. 2d 1215 (Fla. 2d DCA 2006)
    …ognizable under rule 3.800(a). See Dickson v. State, 826 So. 2d 412 (Fla. 2d DCA 2002). Because Walker’s motion presented these two facially sufficient claims, cognizable under rule 3.800(a), the trial court must address them. See Carroll v. State, 914 So. 2d 1014 (Fla. 2d DCA 2005). Therefore, we reverse the order on appeal and remand with instructions that the court address the merits of these two claims.1 Reversed and remanded. PLEUS, ROBERT J., JR., and GRIFFIN, JACQUELINE R., Associate Judges, concur.…
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    …-viction court to reconsider Montague’s claim. On remand, if the postconviction court summarily denies the claim, it must set forth its reasoning and attach portions of the record that conclusively refute Montague’s allegation. See Carroll v. State, 914 So. 2d 1014 (Fla. 2d DCA 2005); O’Neill v. State, 861 So. 2d 1234 (Fla. 2d DCA 2003). Affirmed in part; reversed in part and remanded. DAVIS and WALLACE, JJ„ Concur.…

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