RAY WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAY WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
969 So. 2d 1142
Florida District Court of Appeal, Fourth District (2007)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Williams appeals an order denying his rule 3.170(£) motion to withdraw his plea which he alleged was involuntary because his lawyer failed to advise him that he could have prevailed on a motion to suppress. The denial of the motion was without a hearing or the attachment of any records showing he was not entitled to relief. We remand under Simeton v. State, 734 So. 2d 446 (Fla. 4th DCA 1999) for attachments of portions of the record which would conclusively show there was no merit to Williams’s argument that he was on private property and therefore improperly arrested for having an open container, or in the alternative, an evidentiary hearing.
KLEIN, TAYLOR and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shea v. State, 97 So. 3d 861 (Fla. 4th DCA 2012)…scoresheet error and improper weapon enhancements. The court denied the motion without explanation, without a State response, and without any attachments. This was improper. Fleming v. State, 980 So. 2d 1110 (Fla. 4th DCA 2008); Matyjasik v. State, 969 So. 2d 1142 (Fla. 4th DCA 2007); Sheffield v. State, 903 So. 2d 1009, 1011 (Fla. 4th DCA 2005). See also Terry v. State, 970 So. 2d 863 (Fla. 4th DCA 2007) (summarily reversing the denial of a Rule 3.850 motion under the same circumstances); Dieudonne v. State,…
-
Jean-Charles v. State, 100 So. 3d 1272 (Fla. 4th DCA 2012)…for further proceedings. The court denied the motion without explanation and without attaching records to refute the claim. Shea v. State, 97 So. 3d 861 (Fla. 4th DCA 2012); Fleming v. State, 980 So. 2d 1110 (Fla. 4th DCA 2008); Matyjasik v. State, 969 So. 2d 1142 (Fla. 4th DCA 2007); Sheffield v. State, 903 So. 2d 1009, 1011 (Fla. 4th DCA 2005). Reversed and Remanded. WARNER, DAMOORGIAN and CONNER, JJ., concur.…
-
Fleming v. State, 980 So. 2d 1110 (Fla. 4th DCA 2008)…iolation of probation. [*1111] The lower court denied relief without any explanation as to why and without any record attachments refuting the allegations. See generally Terry v. State, 970 So. 2d 863 (Fla. 4th DCA Nov.28, 2007); Matyjasik v. State, 969 So. 2d 1142 (Fla. 4th DCA Nov.14, 2007). We reverse and remand for further proceedings. Reversed. GROSS, TAYLOR and DAMOORGIAN, JJ., concur.…
Authorities Cited
- Leonarda Simeton v. State, 734 So. 2d 446 (Fla. 4th DCA 1999)