STEVEN J. PORKOLAB, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
STEVEN J. PORKOLAB, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
187 So. 3d 945
Florida District Court of Appeal, Third District (2016)
Caution
Cited by 5 cases
Opinion of the Court
Affirmed without prejudice to appellant filing with the trial court a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.800(a), See Johnson v. State, 60 So.3d 1045 (Fla.2011) (recognizing that rule 3.800(a) places the burden on the movant to demonstrate an entitlement to relief on the face of the record); Burgess v. State, 831 So.2d 137 (Fla.2002) (noting that a claim raised in a motion under 3.800(a) must be capable of being resolved as a matter of law, without an evidentiary determination, and on the face of the existing court record).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Adolphus Rooks v. State, 224 So. 3d 272 (Fla. 3d DCA 2017)…ease during his natural life (Hen-H)-,. . We further note that Rooks' had the burden ofestablishing an entitlement-to relief ón the face of the record. See Cox v. State, 221 So. 3d 723, 2017 WL 2350130 (Fla. 3d DCA May 31, 2017); Porkolab v. State, 187 So. 3d 945 (Fla. 3d DCA 2016). To the extent necessary to establish his claim, it was incumbent on Rooks to ensure that the record included [*279] the parole guidelines under which he was released on parole in 1980, . The 1979 version of the Florida Parole an…
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Emmett Timothy COX v. State, 221 So. 3d 723 (Fla. 3d DCA 2017)…of an evidentia-ry hearing, the burden is on the movant to demonstrate that the trial court's error and the defendant’s entitlement to relief are apparent from the face of the record. Williams v. State, 957 So. 2d 600 (Fla. 2007); Porkolab v. State, 187 So. 3d 945 (Fla. 3d DCA 2016); McClain v. State, 157 So. 3d 528 (Fla. 1st DCA 2015); Casteel v. State, 141 So. 3d 624 (Fla. 4th DCA 2014); Smart v. State, 124 So. 3d 347 (Fla. 2d DCA 2013); Jarrett v. State, 89 So. 3d 293 (Fla. 5th DCA 2012).…
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Tardrick Holiday v. State (Fla. 3d DCA 2024)…the burden is on the movant to demonstrate that the trial court's error and the defendant's entitlement to relief are apparent from the face of the record.”) (emphasis added) (citing Williams v. State, 957 So. 2d 600 (Fla. 2007); Porkolab v. State, 187 So. 3d 945 (Fla. 3d DCA 2016); McClain v. State, 157 So. 3d 528 (Fla. 1st DCA 2015); Casteel v. State, 141 So. 3d 624 (Fla. 4th DCA 2014); Smart v. State, 124 So. 3d 347 (Fla. 2d DCA 2013); Jarrett v. State, 89 So. 3d 293 (Fla. 5th DCA 2012)).…
Authorities Cited
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
- Burgess v. State, 831 So. 2d 137 (Fla. 2002)