Mathews v. State
| Decision Date | 01 January 1991 |
| Citation | 596 So.2d 79 |
| Court | Florida District Court of Appeals |
Pursuant to our recent opinion in Judge v. State, 596 So.2d 73 (Fla. 2d DCA 1991), we reverse the summary denial of appellant's motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Upon remand, unless the case files and records conclusively show that appellant is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute appellant's allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.
To continue reading
Request your trial
- Maddox v. State
-
Thomas v. State, 93-345
...605, 606 (Fla. 1st DCA 1990); Baranko, 516 So.2d at 333 n. 1; Littlejohn, 616 So.2d at 130; Thomas, 611 So.2d 211; Mathews v. State, 596 So.2d 79 (Fla. 2d DCA 1991); Sanders v. State, 579 So.2d 326 (Fla. 5th DCA 1991); Terry, 567 So.2d Appellant in this case alleged the specific dates and p......
-
Small v. State, 93-1871
...attach the proper documents, the summary denial is reversed. See Ransom v. State, 601 So.2d 279, 280 (Fla. 1st DCA1992); Mathews v. State, 596 So.2d 79 (Fla. 2d DCA1991). The case is remanded for the trial judge to attach documents that conclusively show that Small is entitled to no relief,......