Tranquille v. State, 98-00871
| Decision Date | 08 April 1998 |
| Docket Number | No. 98-00871,98-00871 |
| Citation | 708 So.2d 676 |
| Parties | 23 Fla. L. Weekly D934 Jean TRANQUILLE, a/k/a Gean Tranquille, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal pursuant to Fla. R.App. P. 9.140(i) from the Circuit Court for Hillsborough County; Daniel L. Perry, Judge.
Jean Tranquille, a/k/a Gean Tranquille, appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. He contends that his sentence upon violation of probation in March 1997 is an illegal sentence. In its order denying the motion, the trial court conclusively stated that the record refutes the claims set forth in the motion. Unfortunately, the court has failed to attach any documentation to support the numerous factual representations in the order.
When a defendant has presented a facially sufficient claim, it is error for the trial court to summarily deny the motion without attaching portions of the file or record to refute the allegations. See Wilson v. State, 593 So.2d 1216, 1217 (Fla. 2d DCA 1992). Accordingly, we reverse and remand to the trial court for further proceedings. On remand, the trial court may again deny relief by attaching sufficient documentation to refute Tranquille's claim or the court must conduct an evidentiary hearing. See Johnson v. State, 666 So.2d 983 (Fla. 2d DCA 1996).
Reversed and remanded.
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Fannin v. State, 2D97-250.
...sufficient claim only if it attaches to the order portions of the trial record that clearly refute the claim. See Tranquille v. State, 708 So.2d 676, 676 (Fla. 2d DCA 1998). The trial court here did not attach portions of the record. The trial testimony below, without the testimony from the......
- Safford v. State, 97-01174