ARMAND COOK
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court's summary denial of a successive Rule 3.850 motion must comply with mandatory procedures under Rule 3.850(h)(1)-(5) and (j)(2), and if it does not, the denial must be reversed and remanded.
[1] A summary denial of a successive Rule 3.850 motion must comply with the mandatory procedures of Florida Criminal Rule 3.850(h)(1)-(5) and (j)(2), including discussion of…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order must be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.”
Court applied Florida Rule of Appellate Procedure 9.141(b)(2)(D) standard for reversal of summary denial
Armand Cook appealed the trial court's summary denial of his Amended Second/Successive Rule 3.850 Motion. The trial court's order denied the motion wi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2023-3205 Lower Tribunal No. 20-MM-4424
ARMAND COOK, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the County Court for Orange County. Adam McGinnis, Judge.
May 8, 2026
PER CURIAM.
Cook appeals the summary denial of his "Amended Second/Successive 3850 Motion Based on New Grounds, Facts, Merits" (the "Motion"). The trial court's order states that the Motion is denied. The order does not, however, discuss the allegations in the Motion, explain the reasons for the denial, or have any portion of the case files and records attached. Therefore, we reverse and remand. See Fla. R. App. P. 9.141(b)(2)(D) (“On appeal from the denial of relief, unless the record shows
conclusively that the appellant is entitled to no relief, the order must be reversed and the cause remanded for an evidentiary hearing or other appropriate relief."); see also Fla. R. Crim. P. 3.850(h)(1)–(5) (establishing mandatory procedures for summarily denying a motion); Fla. R. Crim. P. 3.850(j)(2) (establishing mandatory procedures for dismissing or denying a second or successive motion). On remand, the trial court shall either enter an order summarily denying or dismissing the Motion in accordance with rule 3.850(h)(1)–(5), (j)(2), or proceed in accordance with the other provisions of rule 3.850.
REVERSED and REMANDED with instructions.
NARDELLA, WHITE and MIZE, JJ., concur.
Armand Cook, Taylor, Michigan, pro se.
James Uthmeier, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.