KENNETH N. HEBERT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2014-08-13
No. 4D12-2965
WARNER, STEVENSON and LEVINE, JJ., concur.
162 So. 3d 64 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 4 cases
Topics
Evidentiary Hearing Postconviction Relief

Explore caselaw by topic → Browse Evidentiary Hearing cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

On Motion for Rehearing

PER CURIAM.

Upon consideration of appellant’s motion for rehearing, we grant the motion in part and withdraw this court’s per curiam affir-mance dated June 12, 2014. The attached opinion is substituted therefor.

Kenneth N. Hebert appeals the denial of his amended Rule 3.850 motion for post-conviction relief. He raised two grounds within his amended motion. The trial court summarily denied ground one and scheduled ground two for an evidentiary hearing. That ground included two points; however, only the first was the subject of the evidentiary hearing and the order that followed. As a result, the trial court failed to rule on the second point within that ground. While we affirm the trial court’s disposition of ground one and the point addressed at the evidentiary hearing, we reverse and remand for the trial court to consider the remaining claim within ground two. See McClendon v. State, 862 So.2d 945 (Fla. 4th DCA 2004). See also Fla. R. Crim. P. 3.850(f)(8)(C).

Affirmed in part, reversed and remanded in part.

WARNER, STEVENSON and LEVINE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jude B. Lahens v. State, 204 So. 3d 982 (Fla. 5th DCA 2016)
    …s that the post-conviction court reversibly erred in failing to rule on his claim that the justifiable use of deadly force instruction was not supported by the evidence as to the victim of the aggravated battery. We again agree. See Hebert v. State, 162 So. 3d 64 (Fla. 4th DCA 2014) (holding that the post-conviction court reversibly erred by failing to consider a claim raised in a rule 3.860 motion). Accordingly, we reverse the summary denial of these three claims, and remand for the post-conviction court’s…
  • Donnie Winfrey v. State, 226 So. 3d 897 (Fla. 4th DCA 2017)
    …m within ground one that counsel failed to advise him, be [*898] fore he entered an open plea, that the court could impose consecutive sentences. We therefore reverse and remand for the trial court to consider that claim. See, e.g., Hebert v. State, 162 So. 3d 64 (Fla. 4th DCA 2014). We affirm the denial of Winfrey’s other claims. Affirmed in part; reversed and remanded in part. Damoorgian, Ciklin and Levine, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw