RICHARD BURTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2012-07-18
No. 4D10-5374
MAY, C.J., GROSS and DAMOORGIAN, JJ., concur. •
92 So. 3d 305 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

Richard Burton appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The order referenced a state’s response. No response had been ordered or filed. We accept the state’s concession and reverse the trial court’s order. We remand for the trial court to consider Burton’s motion in light of rule 3.850(d).

Reversed and remanded.

MAY, C.J., GROSS and DAMOORGIAN, JJ., concur. •

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  • O'Brien v. State, 117 So. 3d 847 (Fla. 4th DCA 2013)
    …PER CURIAM. We reverse and remand the summary denial of appellant’s Rule 3.850 motion. Burton v. State, 92 So. 3d 305 (Fla. 4th DCA 2012). The trial court denied the motion without explanation, indicating it had reviewed “the State’s Response.” As the State concedes in this appeal, no State response was in fact filed below. Appellant pointed out in his motion for r…

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