JASON VILLATORO
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2022-11-02
No. 21-0834
Fernandez, C.J., Lindsey, J., Lobree, J., Pooler, J.
Florida District Court of Appeal, Third District (2022)

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Synopsis

The Third District Court of Appeal reversed and remanded a trial court's summary denial of a Rule 3.850 postconviction motion because the trial court failed to make required findings of fact and conclusions of law after holding an evidentiary hearing.

Holding

When a trial court holds an evidentiary hearing on a facially sufficient Rule 3.850 postconviction motion, it must make findings of fact and conclusions of law; summary denial without such findings requires reversal and remand.

Headnotes

[1] When a trial court holds an evidentiary hearing on a timely, facially sufficient Rule 3.850 postconviction motion, it must make findings of fact and conclusions of law; s…

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Facts & Procedural History

Jason Villatoro appealed a trial court order denying his Florida Rule of Criminal Procedure 3.850 postconviction motion following an evidentiary heari…

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Topics
Procedural Requirements Facially Sufficient Motion Findings Of Fact And Conclusions Of Law Conclusions Of Law

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Opinion of the Court

PER CURIAM.

Jason Villatoro appeals the trial court’s order following an evidentiary hearing that summarily denied as legally insufficient his Florida Rule of Criminal Procedure 3.850 postconviction motion.1 We reverse and remand for further proceedings. “Where, as here, an evidentiary hearing is held to resolve a timely, facially sufficient rule 3.850 postconviction motion, the trial court ‘shall determine the issues, and make findings of fact and conclusions of law with respect thereto.’” LaFlippe v. State, 338 So. 3d 348, 349 (Fla. 3d DCA 2022) (quoting Fla. R. Crim. P. 3.850(f)(8)(A)). “When the trial court fails to do so, ‘the proper remedy is to direct the trial court on remand to determine whether it can make the necessary findings and conclusions based upon the record that will show appellant was not entitled to relief.’” Id. (quoting Marcus v. State, 201 So. 3d 851, 852 (Fla. 1st DCA 2016)). Accordingly, we reverse the order and remand for the trial court to make the requisite findings of fact and conclusions of law based on the claim in Villatoro’s rule 3.850 postconviction motion. Reversed and remanded.

2

Footnotes
1 The only order in the record bears the case number of a companion case and was rendered on August 23, 2021, almost six months after the March 29, 2021 notice of appeal, with a notation that it was to be nunc pro tunc to March 3, 2021. The clerk’s handwritten docket insert card reflects that on February 3, 2021, the matter was reset for ruling on February 17, 2021. The electronic docket reflects that on February 17, 2021, the motion was denied and the matter was reset for report re. order on March 3, 2021. No appearances or minutes entry or transcript in the record reflects the trial court’s oral ruling, if any, on either February 17, 2021, or March 3, 2021.

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