ALEX THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2009-04-15
No. 4D08-3537
GROSS, C.J., and MAY, J., concur., WARNER, J., concurs specially with opinion.
17 So. 3d 307 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 6 cases
Topics
Rule 3.800(A) Florida Rule Of Criminal Procedure 3.800(A) Motion To Correct Illegal Sentence Motion To Correct Illegal Sentence

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Alex Thompson appeals the summary denial of his motion to correct illegal sentence, filed pursuant to rule 3.800(a). The trial court denied the motion without explanation or attachment of any records which conclusively refute the claims. We reverse the order on appeal and remand for further proceedings. See Ellison v. State, 973 So.2d 663 (Fla. 4th DCA 2008); Taylor v. State, 972 So.2d 890 (Fla. 4th DCA 2007).

Reversed.

GROSS, C.J., and MAY, J., concur.

WARNER, J., concurs specially with opinion.

WARNER, J.,

concurring specially.

I concur because a long string of cases has held that a trial court must explain its order of denial of a rule 3.800(a) motion and attach those portions of the record that conclusively refute the claims of illegal sentence. Neither rule 3.800(a) nor Florida Rule of Appellate Procedure 9.141 contain a requirement to attach portions of the record, as does rule 3.850(d), from which this requirement is borrowed. Rule 3.800(a) should be amended to include this requirement if the courts are going to continue mandating attachments even in the absence of a rule. At the very least, *308the supreme court should recognize the insufficiency of the paltry record on appeal required pursuant to rule 9.141(b)(2)(A), a record which does not even include the original sentencing documents which are the subject of any motion to correct an illegal sentence.

Substantial time and expense are wasted in the courts because the rules of postcon-viction relief are incomplete and antiquated. Although the trial and appellate courts have called for postconviction relief reform for years, no changes have resulted. The postconviction relief process occupies substantial time of the judges and staff of both the trial and appellate courts. Changes to make the process more efficient must be made.

Concurrence
WARNER, J.,

WARNER, J.,

concurring specially.

I concur because a long string of cases has held that a trial court must explain its order of denial of a rule 3.800(a) motion and attach those portions of the record that conclusively refute the claims of illegal sentence. Neither rule 3.800(a) nor Florida Rule of Appellate Procedure 9.141 contain a requirement to attach portions of the record, as does rule 3.850(d), from which this requirement is borrowed. Rule 3.800(a) should be amended to include this requirement if the courts are going to continue mandating attachments even in the absence of a rule. At the very least, the supreme court should recognize the insufficiency of the paltry record on appeal required pursuant to rule 9.141(b)(2)(A), a record which does not even include the original sentencing documents which are the subject of any motion to correct an illegal sentence.

Substantial time and expense are wasted in the courts because the rules of postcon-viction relief are incomplete and antiquated. Although the trial and appellate courts have called for postconviction relief reform for years, no changes have resulted. The postconviction relief process occupies substantial time of the judges and staff of both the trial and appellate courts. Changes to make the process more efficient must be made.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Shea v. State, 97 So. 3d 861 (Fla. 4th DCA 2012)
    …parts of the record that refute each claim presented”). Although Rule 3.800(a) does not expressly require a court to attach records, caselaw has required a court to attach the records that refute a facially sufficient claim. See Thompson v. State, 17 So. 3d 307 (Fla. 4th DCA 2009). Here, the trial court apparently found the claims sufficient, but provided no explanation for its denial of the motion. Summary reversal is warranted because the State is not permitted to attach records necessary to refute a Rul…
  • Perez v. State, 20 So. 3d 440 (Fla. 4th DCA 2009)
    …of the merits of the claim. If the court finds the claim is properly denied, it must attach to the order of denial those record portions conclusively refuting the claim. See Joseph v. State, 13 So. 3d 540, 541 (Fla. 3d DCA 2009); Thompson v. State, 17 So. 3d 307, 308 (Fla. 4th DCA 2009). Reversed and Remanded. GERBER, J., and BROWN, LUCY CHERNOW, Associate Judge, concur.…
  • Seymore v. State, 96 So. 3d 1097 (Fla. 4th DCA 2012)
    …PER CURIAM. Pursuant to the State’s concession, we reverse the order denying the defendant’s Rule 3.800(a) motion and remand the case to the trial court. See Thompson v. State, 17 So. 3d 307 (Fla. 4th DCA 2009). The trial court explained that appellant’s claim that his sexual predator designation was illegal was without merit, but failed to attach records showing that defendant did in fact agree to the designation as part of his plea ba…

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