LEVINE THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court vacated a lower court's order that prematurely denied a prisoner's request for relief. The court found the prisoner's initial letter was an inquiry, not a formal motion, and thus the denial was improper, remanding the case for a proper determination.
Yes, the lower court erred by prematurely denying the prisoner's request for relief. The initial letter was an inquiry, not a motion, and therefore the order denying relief was improper.
“The order here appealed, denying appellant's claim for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, was entered in response to a letter which, under any reasonable interpretation, can be viewed only as an inquiry as to the manner of securing relief and not as a motion for relief.”
This quote establishes the court's primary reason for vacating the lower court's order: the initial communication was an inquiry, not a motion.
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Join FLexlaw to unlock all legal intelligenceThe appellant, a prisoner, sent a letter to the court inquiring about the process for seeking relief under Criminal Procedure Rule No. 1. The lower co…
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The order here appealed, denying appellant’s claim for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, was entered in response to a letter which, under any reasonable interpretation, can be viewed only as an inquiry as to the manner of securing relief and not as a motion for relief.1 Accordingly, entry of the order was premature. Though not purporting to adjudicate the merits of appellant’s claim and, accordingly, not a bar to further proceedings, the premature order has apparently been viewed as conclusive of proceedings on a subsequent and ostensively sufficient motion. Upon consideration of the circumstances disclo.sed in the record the “amended order” denying relief is vacated and the cause remanded for prompt determination of the issues raised by the motion for relief under Criminal Procedure Rule No. 1 filed June 6, 1963, and pending below.
ALLEN, Acting C. J., and SHANNON and WHITE, JJ., concur.
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