ANTHONY HOLLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court’s order summarily denying appellant’s motion for post-conviction relief is summarily reversed. It is well-settled that when a trial court summarily denies a rule 3.850 motion without an evi-dentiary hearing, it must “either state its rationale 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 of the record which conclusively refute appellant’s claims, an evidentiary hearing, or a statement of the trial court’s rationale for its decision on the multiple claims for post-conviction relief raised in this 92-page motion, excluding exhibits and other attachments. Of course, the trial court may order a response from the state before ruling on the claims, if necessary.
Reversed and remanded for further proceedings.
MAY, C.J., GROSS and TAYLOR, JJ., concur.
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Cited By
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Roberts v. State, 113 So. 3d 868 (Fla. 2d DCA 2012)…ient claim based on the record, it must either state its rationale in its order or attach those parts of the record that conclusively refute each of the defendant’s claims. See Barnes v. State, 38 So. 3d 218, 219 (Fla. 2d DCA 2010); Holley v. State, 67 So. 3d 443 (Fla. 4th DCA 2011). Here, the postconviction court did neither. We recognize that the rules of criminal procedure do not preclude a post-conviction court’s order from simply adopting and incorporating the State’s response — without having to make…
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Talvin Thompson v. State, 202 So. 3d 927 (Fla. 4th DCA 2016)…tion. The trial court summarily denied the motion without explanation, without ordering a state response, and with no record attachments. It is well-settled that this is error. Campbell v. State, 155 So. 3d 1252 (Fla. 4th DCA 2015); Holley v. State, 67 So. 3d 443 (Fla. 4th DCA 2011); Simon v. State, 997 So. 2d 490, 492 (Fla. 4th DCA 2008); Terry v. State, 970 So. 2d 863 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So. 2d 516 (Fla. 4th DCA 2007). “To support summary denial without a hearing, a trial court mus…
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Patterson v. State, 98 So. 3d 780 (Fla. 4th DCA 2012)…15 (Fla. 4th DCA 2012) (under rule 3.850(d), Fla. R.Crim. P., order summarily denying relief without response by State must either state its rationale in the order or attach portions of the record refuting the claims raised); accord Holley v. State, 67 So. 3d 443 (Fla. 4th DCA 2011). Accordingly, we vacate the order denying summarily appellant’s motion for post-conviction relief and remand this cause to the trial court for further proceedings consistent with this opinion. We express no opinion on the merit…
Authorities Cited
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
- Hoffman v. State, 571 So. 2d 449 (Fla. 1990)
- Ramad Terry v. State, 970 So. 2d 863 (Fla. 4th DCA 2007)
- Ortiz v. State, 9 So. 3d 774 (Fla. 4th DCA 2009)
- Sierra v. State, 956 So. 2d 1266 (Fla. 4th DCA 2007)
- Smith v. State, 956 So. 2d 1266 (Fla. 4th DCA 2007)
- Walkes v. State, 9 So. 3d 774 (Fla. 4th DCA 2009)