MICHAEL GASSAWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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KHOUZAM, Judge.
Michael Gassaway seeks review of the summary denial of a motion and an amended motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Like the order that was reversed by this court in Lott v. State, 865 So. 2d 637 (Fla. 2d DCA 2004), the order summarily denying relief in the present appeal does not contain an explanation for the court’s ruling, include record attachments, or alert the defendant to his right to appeal within thirty days. Accordingly, we reverse the order and remand for reconsideration of Gassaway’s motion and amended motion. If the trial court again summarily denies the motions, it must set forth its rationale and attach any relevant portions of the record which support its denial.
Reversed and remanded.
CASANUEVA and WALLACE, JJ., Concur.
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Alphonso Smith v. State, 6 So. 3d 116 (Fla. 4th DCA 2009)…tate, 764 So. 2d 888 (Fla. 4th DCA 2000). We remand for entry of a written order of revocation of probation specifying the conditions appellant was found to have violated. Mills v. State, 948 So. 2d 994 (Fla. 4th DCA 2007); see also Cook v. State, 993 So. 2d 1186 (Fla. 4th DCA 2008); Rey v. State, 904 So. 2d 566 (Fla. 4th DCA 2005); Riley v. State, 884 So. 2d 1038 (Fla. 4th DCA 2004). We note that the judge specified the conditions on the record, but a written order is required to incorporate those findings.…
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Jairon Jamaar Dorsey v. State, 36 So. 3d 690 (Fla. 2d DCA 2009)…ionale or record attachments to refute Dorsey’s claims, nor does it inform Dorsey of his right to appeal within thirty days of rendition as required by rule 3.800(a). See Walters v. State, 994 So. 2d 1230, 1230 (Fla. 2d DCA 2008); Gassaway v. State, 993 So. 2d 1186, 1186 (Fla. 2d DCA 2008). Accordingly, we dismiss this appeal and remand for entry of a final order capable of rendition and appellate review within thirty days from the date of this opinion. KELLY and WALLACE, JJ., Concur.…
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Lewis v. State, 177 So. 3d 97 (Fla. 2d DCA 2015)…. R. App. P. 9.141(b)(2)(D) (“On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for ... appropriate relief.”); Gassaway v. State, 993 So. 2d 1186, 1186 (Fla. 2d DCA 2008) (“If the trial court again summarily denies the motions, it must set forth its rationale and attach any relevant portions of the record which support its denial.”). Reversed and remanded for reconsideration. KHOUZAM, SLE…
Authorities Cited
- Lott v. State, 865 So. 2d 637 (Fla. 2d DCA 2004)
- Williams v. State, 865 So. 2d 637 (Fla. 3d DCA 2004)