RICHARD MATYJASIK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD MATYJASIK, 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.
Richard Matyjasik appeals from an order that summarily denied his motion pursuant to rule 3.800(a), Fla. R.Crim. P. (2007). The circuit court did not find that appellant’s claim was facially insufficient, nor did it attach records which conclusively refuted the claim. See Sheffield v. State, 903 So. 2d 1009, 1011 (Fla. 4th DCA 2005) citing (Anderson v. State, 627 So. 2d 1170 (Fla.1993)). We therefore reverse and remand for further proceedings.
SHAHOOD, C.J., FARMER and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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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,…
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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.…
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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
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
- Sheffield v. State, 903 So. 2d 1009 (Fla. 4th DCA 2005)