JORGE PEREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A postconviction court must provide an explanation for denying a motion for postconviction relief and attach relevant record portions.
The postconviction court denied a motion to vacate plea, judgment, and sentence, stating it heard legal argument and made findings on the record. Howe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.850 cases and more on FLexlaw
Jorge Perez filed a motion to vacate plea, judgment, and sentence pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court issued an order and explained simply that the court heard legal argument at a September 3, 2010, hearing, made findings on the record at that hearing, and denied the motion under the totality of the circumstances. However, the postconviction court did not attach a copy of the transcript of this hearing to its order, and the clerk of the circuit court has verified that no transcript of this hearing has been filed in the circuit court record.
The problem this court encounters with the postconviction court’s order is not unlike that created when a postconviction judge simply stamps “denied” on a motion: we are left to review a barebones order without any insight into the court’s reasoning. See Dorsey v. State, 36 So.3d 690, 690 (Fla. 2d DCA 2009); Suleiman v. State, 861 So.2d 1175, 1175-1176 (Fla. 2d DCA *5672003). When denying a motion for post-conviction relief, the court “must provide an explanation of the reasons for the denial and attach any relevant portions of the record to support the denial.” Perry v. State, 872 So.2d 1017, 1017 (Fla. 2d DCA 2004).
Accordingly, we reverse this order. On remand, if the postconviction court again summarily denies the motion, it shall enter an explanatory order and attach relevant portions of the record to refute Mr. Perez’s claim.
Reversed and remanded.
CRENSHAW and BLACK, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Toot v. State, 861 So. 2d 1175 (Fla. 2d DCA 2003)
- Perry v. State, 872 So. 2d 1017 (Fla. 2d DCA 2004)
- Jairon Jamaar Dorsey v. State, 36 So. 3d 690 (Fla. 2d DCA 2009)
- In re Forfeiture OF: $7464 + 2002 Cadillac Escalade v. Polanco, 872 So. 2d 1017 (Fla. 2d DCA 2004)