WILLIE JAMES BERRY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE JAMES BERRY, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
993 So. 2d 97
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appeal is dismissed for lack of jurisdiction. See McIntosh v. State, 959 So. 2d 1246 (Fla. 4th DCA 2007); Fla. R.App. P. 9.140(b).
BROWNING, C.J., WOLF and BENTON, JJ., concur.
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Citator
Cited By
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Wilson v. State, 4 So. 3d 1257 (Fla. 1st DCA 2009)…en. However, because claim four is facially sufficient, we reverse the order as to that claim and remand with instructions to either attach portions of the record that conclusively refute the claim or for an evidentiary hearing. See Foster v. State, 993 So. 2d 97, 97 (Fla. 1st DCA 2008) (reversing and remanding with instructions to either attach portions of the record conclusively refuting the facially sufficient claims of ineffective assistance of counsel or for an evidentiary hearing). AFFIRMED in part,…
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Kornagay v. State, 38 So. 3d 221 (Fla. 1st DCA 2010)…counsel here. Regarding his remaining claims in grounds I, II, IV, VI, and VII, we reverse and remand for the trial court to either attach portions of the record conclusively refuting these claims or for an evidentiary hearing. See Foster v. State, 993 So. 2d 97, 97 (Fla. 1st DCA 2008). AFFIRMED in part, and REVERSED and REMANDED in part, with directions. WEBSTER, LEWIS, and ROBERTS, JJ., concur.…
Authorities Cited
- McINTOSH v. State, 959 So. 2d 1246 (Fla. 4th DCA 2007)