MARTIN JACOBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2012-02-22
No. 4D10-793
POLEN, GROSS and CONNER, JJ., concur.
80 So. 3d 440 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant argues that the postconviction court erred in denying his motion following an evidentiary hearing without making findings of fact and conclusions of law. The state concedes that remand is required. We agree and reverse and remand for the judge who presided over the evidentiary hearing to enter an order containing factual findings and legal conclusions. See Fla. R.Crim. P. 3.850(d); Dillbeck v. State, 882 So.2d 969, 973 (Fla.2004); Marshall v. State, 959 So.2d 1245 (Fla. 4th DCA 2007).

Reversed and, Remanded.

POLEN, GROSS and CONNER, JJ., concur.

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  • Tyrell v. State, 107 So. 3d 536 (Fla. 4th DCA 2013)
    …that remand is necessary. Therefore, we reverse and remand for further proceedings. On remand, the lower court is directed to make the necessary findings and conclusions of law as required by the rule. See Fla. R.Crim. P. 3.850(d); Jacobs v. State, 80 So. 3d 440 (Fla. 4th DCA 2012). Reversed and Remanded with instructions. MAY, C.J., GROSS and CIKLIN, JJ., concur.…
  • Darvin Floyd v. State, 133 So. 3d 1171 (Fla. 4th DCA 2014)
    …ciency of its ruling. As in Tyrell, we reverse and remand for further proceedings. On remand, the lower court is directed to make the necessary findings and conclusions of law as required by the rule. See Fla. R.Crim. P. 3.850(d)2; Jacobs v. State, 80 So. 3d 440 (Fla. 4th DCA 2012). Reversed and Remanded with instructions. MAY, CIKLIN and FORST, JJ, concur. . Within its order denying relief, the judge ruled: "as to the claim based on newly discovered evidence, the Court finds there is lack of credibility…

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