RONALD LAWRENCE BRANNING, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court reversed the denial of a petition for relief, finding that the lower court erred by summarily denying the petition without inquiry into its merits, even though the petitioner had completed one sentence and was not currently incarcerated for the other.
Yes, the lower court erred in summarily denying the petition without inquiry into its merits. The denial of relief for the second cause was erroneous.
“The summary denial of the relief sought by the appellant on this latter ground was erroneous, and the trial court should have made inquiry into the merits of the petition.”
Establishes the core reason for reversal: the lower court's failure to examine the merits of the petition.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought post-conviction relief in two criminal cases. The lower court denied relief in one case because the sentence had been completed. …
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By this appeal, the appellant seeks review of an order denying his petition for relief [in the nature of that provided by Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix] in two causes lately pending in the Criminal Court of Record in and for Dade County, Florida; one under Clerk’s File No. 59-5515 and the other under Clerk’s File No. 61-2570. The consolidated motion was considered by the court on March 18, 1966, and denied as to Cause No. 59-5515 because the appellant had theretofore completed the sentence imposed in said'cause. The relief sought in Cause No. 61-2570 was denied because it affirmatively appeared that he was not presently incarcerated by virtue of the sentence imposed in said cause. The summary denial of the relief sought by the appellant on this latter ground was erroneous, and the trial court should have made inquiry into the merits of the petition. In this connection see: Johnson v. State, Fla.1966, 184 So.2d 161.1
Therefore, the order under review is hereby reversed, and this matter is returned to the trial court for further proceedings.
This shall not entitle the appellant to be present at the hearing on his motion, unless the trial court at its discretion should so direct.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The State of Fla. on the relation of the Borden Co. v. Langley, 184 So. 2d 161 (Fla. 1966)
- Johnson v. State, 185 So. 2d 466 (Fla. 1966)