Vandervlist v. State, 94-01950

• Decision Date: 10 August 1994
• Docket Number: No. 94-01950,94-01950
• Citation: 640 So.2d 1227
• Parties: 19 Fla. L. Weekly D1734 Steven VANDERVLIST, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1227

640 So.2d 1227

19 Fla. L. Weekly D1734

Steven VANDERVLIST, Appellant, v. STATE of Florida, Appellee.

No. 94-01950.

District Court of Appeal of Florida,

Second District.

Aug. 10, 1994.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Edward H. Ward, Judge.

PER CURIAM.

Steven Vandervlist appeals the denial of his motion for postconviction relief sought pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

The trial court never reached the merits of Vandervlist's motion, finding instead that the motion was untimely filed more than two years after the judgment and sentence became final. However, the trial court failed to support its finding by attaching a copy of the judgment and sentence to its order. Accordingly, we reverse and remand. The trial court may either deny the motion and attach documentation which demonstrates that Vandervlist is not entitled to relief or conduct further proceedings.

Reversed and remanded.

CAMPBELL, A.C.J., and SCHOONOVER and FULMER, JJ., concur.