STATE OF FLORIDA, APPELLANT,
v.
LUIS HUBY, APPELLEE
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The state appeals an order granting ap-pellee Luis Ruby’s amended motion for post-conviction relief filed under Florida Rule of Criminal Procedure 3.850. Without holding an evidentiary hearing on the amended motion, or giving notice and an opportunity to the State to respond to it, the trial court granted the motion, vacating Ruby’s open pleas and sentences for violation of probation. As we said in State v. Schiano, 696 So.2d 531 (Fla. 4th DCA 1997), rule 3.850(d) does not authorize the trial court to summarily grant a motion for post conviction relief. We reverse and remand for further proceedings on this amended motion, to which the State should be permitted to respond, and for the trial court to allow an evidentiary hearing on the claims raised by appellee.
Reversed and Remanded.
GROSS, C.J., HAZOURI and MAY, JJ., concur.
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Williams v. State, 66 So. 3d 360 (Fla. 2d DCA 2011)…State, 42 So. 3d 810 (Fla. 4th DCA 2010) (concluding that the proper remedy for allowing a jury to return guilty verdicts for grand theft and dealing in stolen property is to reverse and remand both offenses for a new trial), with Blackmon v. State, 58 So. 3d 343 (Fla. 1st DCA 2011) (disagreeing with Kiss and concluding that when a jury returns verdicts for dealing in stolen property and grand theft, the trial court may vacate the conviction for the lesser offense). We conclude that the procedural requireme…
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- State v. Schiano, 696 So. 2d 531 (Fla. 4th DCA 1997)