GERALD L. SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ramad Terry v. State, 970 So. 2d 863 (Fla. 4th DCA 2007)
  …order. “When a trial court denies a rule 3.850 motion without an evidentiary hearing, it must ‘either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion.’” Smith v. State, 956 So. 2d 1266, 1267 (Fla. 4th DCA 2007) (quoting Anderson v. State, 627 So. 2d 1170, 1171 (Fla.1993)). As the trial court’s order in this case does neither, we summarily reverse and remand the trial court’s order denying appellant’s rule 3.850 motion for the atta…
• Holley v. State, 67 So. 3d 443 (Fla. 4th DCA 2011)
  …e motion.” Anderson v. State, 627 So. 2d 1170, 1171 (Fla.1993) (citing Hoffman v. State, 571 So. 2d 449, 450 (Fla.1990)). See also Walkes v. State, 9 So. 3d 774 (Fla. 4th DCA 2009); Terry v. State, 970 So. 2d 863 (Fla. 4th DCA 2007); Smith v. State, 956 So. 2d 1266 (Fla. 4th DCA 2007). The trial court’s order in this case did neither. We therefore summarily reverse and remand for the attachment of portions of the record which conclusively refute appellant’s claims, an evidentiary hearing, or a statement of the…
• Walkes v. State, 9 So. 3d 774 (Fla. 4th DCA 2009)
  …refute the claims. The court also did not state any reason for the denial in its order. As a result, we must reverse and remand for further review of the motion. See, e.g., Terry v. State,: 970 So. 2d 863 (Fla. 4th DCA 2007) (citing Smith v. State, 956 So. 2d 1266, 1267 (Fla. 4th DCA 2007)); see also Fla. R.Crim. P. 3.850(d); Hayes v. State, 958 So. 2d 571 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So. 2d 516 (Fla. 4th DCA 2007). Reversed and remanded. GROSS, C.J., WARNER and MAY, JJ., concur.…

Authorities Cited

• Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
• Hoffman v. State, 571 So. 2d 449 (Fla. 1990)