ERIC WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2017-11-22
No. 3D17-1591
Before EMAS, LOGUE, and LINDSEY, JJ.
233 So. 3d 1172 Florida District Court of Appeal, Third District (2017) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order under review denying relief under Florida Rule of Criminal Procedure 8.801 is reversed and remanded. Upon remand, if the trial court finds the motion is facially sufficient and timely, and that Defendant is entitled to relief, it shall grant the motion; if it finds the motion facially insufficient, it shall identify the defects and provide the Defendant an opportunity to amend; if the court finds the motion should be denied, it shall attach to the order those portions of the files and records that conclusively show the defendant is entitled to no relief, as required by Rule 3.801(e)(incorporating provisions of Rule 3.850 (e), (f), Cj)> (k), and (n)).

Reversed and remanded.


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Citator

Cited By

  • Jerartis Icon v. State (Fla. 3d DCA 2025)
  • Joseph v. State (Fla. 3d DCA 2025)
    …t shall attach to the order those portions of the files and records that conclusively show Defendant is entitled to no relief, as required by Rule 3.801(e) (incorporating provisions of Rule 3.850 (e), (f), (j), (k), and (n)). See Williams v. State, 233 So. 3d 1172 (Fla. 3d DCA 2017); Barrios v. State, 225 So. 3d 973 (Fla. 3d DCA 2017). Reversed in part, dismissed in part, and remanded with instructions. trial court attached the plea agreement, which specifically called for appellant to receive 100 days of cr…
  • Joseph v. State (Fla. 3d DCA 2025)
    …t shall attach to the order those portions of the files and records that conclusively show Defendant is entitled to no relief, as required by Rule 3.801(e) (incorporating provisions of Rule 3.850 (e), (f), (j), (k), and (n)). See Williams v. State, 233 So. 3d 1172 (Fla. 3d DCA 2017); Barrios v. State, 225 So. 3d 973 (Fla. 3d DCA 2017). Reversed in part, dismissed in part, and remanded with instructions. trial court attached the plea agreement, which specifically called for appellant to receive 100 days of cr…

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