HERMAN GIBSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HERMAN GIBSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
122 So. 3d 428
Florida District Court of Appeal, Fourth District (2013)
Positive Treatment
Cited by 2 cases
Opinion of the Court
ON MOTION FOR REHEARING
By order, we granted appellant’s motion for rehearing and withdrew our May 1, 2013 opinion. We reverse and remand for further proceedings. The trial court erred in summarily denying appellant’s facially sufficient motion for postconviction relief without explanation and without attachments. Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007); Anderson v. State, 627 So.2d 1170 (Fla.1993).
The State’s argument that the motion does not satisfy the pleading requirements of Alcorn v. State, 121 So.3d 419 (Fla.2013), may be addressed on remand.
Reversed and remanded.
WARNER, CIKLIN and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Massaro v. State, 127 So. 3d 690 (Fla. 4th DCA 2013)
-
Gibson v. State, 147 So. 3d 611 (Fla. 4th DCA 2014)
Authorities Cited
- Alcorn v. State, 121 So. 3d 419 (Fla. 2013)
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
- Dieudonne v. State, 958 So. 2d 516 (Fla. 4th DCA 2007)
- Ramad Terry v. State, 970 So. 2d 863 (Fla. 4th DCA 2007)