OLIVER YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
OLIVER YOUNG, APPELLANT,
STATE OF FLORIDA, APPELLEE
973 So. 2d 624
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
AFFIRMED. See Wiley v. State, 604 So. 2d 6 (Fla. 1st DCA 1992) (when the motion attacks the conviction it must be brought under rule 3.850); Burchfield v. State, 907 So. 2d 614 (Fla. 1st DCA 2005)(declining to construe a rule 3.800(a) motion as a rule 3.850 motion because the motion failed to comply with the pleading requirements found in rule 3.850). BENTON and POLSTON, JJ., concur. WEBSTER, J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Young v. State, 15 So. 3d 819 (Fla. 3d DCA 2009)…ilizing our standard admonition, “If the trial court again enters an order summarily denying [Young’s] post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to relief.” Young v. State, 973 So. 2d 624, 624 (Fla. 3d DCA 2008). Apparently misinterpreting our opinion to suggest that one of its options on remand was to conduct an evidentiary hearing on a Florida Rule of Criminal Procedure 3.800(a) motion, cf. Renaud v. State, 926 So. 2d 1241, 1241 (F…
Authorities Cited
- Barnes v. Sanders, 907 So. 2d 614 (Fla. 3d DCA 2005)
- Wiley v. State, 604 So. 2d 6 (Fla. 1st DCA 1992)