BENJAMIN FEAST
v.
STATE OF FLORIDA
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A trial court cannot summarily deny a Rule 3.850 postconviction relief motion without attaching records that conclusively show the motion is impermissibly successive.
[1] A trial court must attach records conclusively refuting a Rule 3.850 postconviction relief motion to properly summarily deny it on grounds of successive filing.
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Join FLexlaw to unlock all legal intelligenceBenjamin Feast filed a Rule 3.850 motion for postconviction relief in a criminal case. The trial court summarily denied the motion without attaching r…
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PER CURIAM.
Benjamin Feast seeks review of the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We issued an order directing the State to show cause why the order should not be reversed for failure to attach records conclusively refuting Feast’s claims. In its response, the State conceded that a remand is required. We agree and reverse.
The order denying the appellant’s motion for postconviction relief is reversed and the case is remanded for attachment of records conclusively showing that the motion was impermissibly successive, if such records exist. See Feher v. State, 10 So. 3d 1204 (Fla. 4th DCA 2009).
Reversed and remanded.
GROSS, KUNTZ and ARTAU, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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