George v. State, 97-1704
| Decision Date | 22 April 1998 |
| Docket Number | No. 97-1704,97-1704 |
| Citation | 710 So.2d 146 |
| Parties | Timothy GEORGE a/k/a Timothy Smith, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Timothy George, Appellant, pro se.
Robert Butterworth, Attorney General, Tallahassee, for Appellee.
Appellant challenges an order by which his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 was summarily denied as successive. We reverse.
The trial court, without addressing appellant's allegations of ineffective assistance of trial counsel, denied the motion for the reason that the motion was procedurally barred as successive. Appellant complied with the dictates of Rule 3.850(c)(4), Florida Rules of Criminal Procedure, and Thomas v. State, 686 So.2d 699 (Fla. 4th DCA 1996), by alleging that the trial court had failed to rule on the merits of his previously filed 3.850 motion. Once appellant complied with the rule it was incumbent upon the trial court to attach those portions of the record substantiating its ruling. See Pryor v. State, 625 So.2d 917 (Fla. 1st DCA 1993). There was no copy of the prior motion or other documents attached to the order. Therefore, the cause is remanded for the attachment of any documents that would support the court's ruling or for further proceedings consistent with the rule.
REVERSED and REMANDED for further proceedings.
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Levin v. State, 1D17-5129
...prior appeals. There were no documents attached to support the application of a procedural bar. This was error. See George v. State , 710 So.2d 146, 147 (Fla. 1st DCA 1998). Furthermore, insofar as the trial court denied the claims because they could have been raised in his previous proceed......
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