MICHAEL WALKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL WALKES, APPELLANT,
STATE OF FLORIDA, APPELLEE
9 So. 3d 774
Florida District Court of Appeal, Fourth District (2009)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Michael Walkes filed a rule 3.850 motion seeking postconviction relief. The trial judge denied the motion without ordering a response from the state or attaching records to refute the claims. The court also did not state any reason for the denial in its order. As a result, we must reverse and remand for further review of the motion. See, e.g., Terry v. State,: 970 So.2d 863 (Fla. 4th DCA 2007) (citing Smith v. State, 956 So.2d 1266, 1267 (Fla. 4th DCA 2007)); see also Fla. R.Crim. P. 3.850(d); Hayes v. State, 958 So.2d 571 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007).
Reversed and remanded.
GROSS, C.J., WARNER and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Holley v. State, 67 So. 3d 443 (Fla. 4th DCA 2011)…le in its decision or attach those specific parts of the record that refute each claim presented in the motion.” Anderson v. State, 627 So. 2d 1170, 1171 (Fla.1993) (citing Hoffman v. State, 571 So. 2d 449, 450 (Fla.1990)). See also Walkes v. State, 9 So. 3d 774 (Fla. 4th DCA 2009); Terry v. State, 970 So. 2d 863 (Fla. 4th DCA 2007); Smith v. State, 956 So. 2d 1266 (Fla. 4th DCA 2007). The trial court’s order in this case did neither. We therefore summarily reverse and remand for the attachment of portions…
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Graham v. State (Fla. 4th DCA 2025)
Authorities Cited
- Dieudonne v. State, 958 So. 2d 516 (Fla. 4th DCA 2007)
- Ramad Terry v. State, 970 So. 2d 863 (Fla. 4th DCA 2007)
- Hayes v. State, 958 So. 2d 571 (Fla. 4th DCA 2007)
- Sierra v. State, 956 So. 2d 1266 (Fla. 4th DCA 2007)
- Smith v. State, 956 So. 2d 1266 (Fla. 4th DCA 2007)