JOSE A. DIAZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court reversed in part a summary denial of postconviction relief where the record did not conclusively refute defendant's claim that sentences exceeded legal maximums on certain counts, requiring the trial court to provide supporting documentation on remand.
A trial court's summary denial of a Rule 3.850 motion must be reversed when the appellate record does not conclusively refute the defendant's claim that sentences exceed legal maximums, and the trial court must attach conclusively refuting documents if it again summarily denies the motion.
[1] A trial court's summary denial of a Rule 3.850 motion challenging sentences as exceeding legal maximums must be reversed when the appellate record does not conclusively r…
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Join FLexlaw to unlock all legal intelligenceDefendant Diaz appealed a summary denial of his postconviction relief motion challenging sentences on counts four, five, eight, and ten through thirte…
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This is an appeal of an order summarily denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.
As part of Argument 1, defendant-appellant Diaz contends that his sentence exceeds the legal maximum on counts four, five, eight, and ten through thirteen. See Fla. R.Crim. P. 3.850(a)(4). The trial *620court’s order denied the motion and directed that the posteonviction record include the State’s Amended Response with all attachments. However, those documents were not transmitted to this court, and the State has been unable to locate any response filed in connection with this particular Rule 3.850 motion. Because the record now before us does not conclusively refute the defendant’s claim, we reverse the denial order insofar as the defendant contends that the sentences exceed the legal maximum on the above-mentioned counts. If the trial court again summarily denies the motion, it shall attach documents conclusively refuting the defendant’s claim. See Fla. R.App. P. 9.141(b)(2)(D). We affirm the denial order with regard to the balance of the defendant’s Rule 3.850 motion.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.