Phrase search :dbt relief
Results 1-10919
1-CITE: 484 So.2d 58 Jeffrey Jerome WALKER, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. In his motion for post-conviction relief, Walker
allege...o relief. The order denying Walker s motion for post-conviction relief otherwise is
affirmed. GRIMES, A.C.J., and SCHOONOVER and HALL, JJ., concur.
2-CITE: 488 So.2d 179 Juan Francisco FERRO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM: The defendant appeals from the following order denying his motion for relief
und...DCA 1985). IT IS THEREFORE ORDERED AND ADJUDGED that Defendant s Motion for Post-Conviction
Relief is hereby DENIED. We entirely agree. Affirmed.
3-CITE: 701 So.2d 409 Glenn LONG, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of an order again denying his motion seeking
postconvicti...ich conclusively establish that appellant is entitled to no relief. REVERSED and
REMANDED, with directions. MINER, ALLEN and WEBSTER, JJ., concur.
4-CITE: 694 So.2d 61 John McKAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, an inmate of the state correctional system, seeks review of a final
o...order insofar as they are concerned. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with
directions. WEBSTER, MICKLE and LAWRENCE, JJ., concur.
5-CITE: 495 So.2d 903 Curtis L. HAMPTON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. On December 12, 1985, Appellant Hampton filed a motion pursuant to Rule
3.85...rt to attach that portion of the files and records which conclusively shows that appellant is
entitled to no relief. SMITH and ZEHMER, JJ., concur.
6-CITE: 693 So.2d 700 Ervin DAVIS, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Ervin Davis seeks review of the trial court s order dismissing, as untimely,
his...is motion for postconviction relief and remand for further proceedings. Reversed and
remanded. CAMPBELL, A.C.J., and BLUE and QUINCE, JJ., concur.
7-CITE: 662 So.2d 1349 John Everett PETTWAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Everett Pettway appeals from the summary denial of his motion for
postconvi... danger of conflicting rulings by different courts on the same issues). Reversed and
remanded. FRANK, A.C.J., and FULMER and WHATLEY, JJ., concur.
8-CITE: 658 So.2d 1203 Willie C. FORD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Willie C. Ford timely appeals the order denying his motion for postconviction
re...se portions of the record disclosing that he is not entitled to relief. Reversed and remanded.
FRANK, A.C.J., and FULMER and WHATLEY, JJ., concur.
9-CITE: 502 So.2d 950 David A. WILSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. In his motion for postconviction relief Wilson
maintain...to relief. The order denying Wilson s motion for postconviction relief otherwise is
affirmed. SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.
10-CITE: 615 So.2d 853 Jesus Moreno ORAMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jesus Oramas appeals the summary denial of his motion for postconviction relief
...ief without prejudice to the appellant s right to seek relief upon a properly sworn motion.
CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.
11-CITE: 626 So.2d 323 Clifford McNAIR, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court s order dated January 15, 1993, ruling on petitioner s
supplemen... entry of the order dated January 15, 1993. This court s affirmance is without prejudice
to the appellant to request a ruling on issue 6. Affirmed.
12-CITE: 441 So.2d 652 Bonnie ATLAS, Appellant, v. CITY OF PEMBROKE PINES, Appellee.
TEXT: PER CURIAM. A default and final judgment were entered against the City of Pembroke Pines.
Th... 419 So.2d 1192 (Fla. 2d DCA 1982). Accordingly, the order granting relief from judgment is
REVERSED. DOWNEY, GLICKSTEIN and HURLEY, JJ., concur.
13-CITE: 552 So.2d 308 James Richard DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a denial of post-conviction relief. Fla.R.Crim.P.
3.8...emanded for a proper order either granting relief or denying relief with a proper record for
review. REVERSED. DANIEL, C.J., and COBB, J., concur.
14-CITE: 489 So.2d 893 John R. VARNES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Varnes appeals the summary denial of his motion for postconviction relief.
...r to attach sufficient portions of the record to demonstrate that Varnes is not entitled to
relief. RYDER, C.J., and DANAHY and FRANK, JJ., concur.
15-CITE: 575 So.2d 286 William CARROLL, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, William Carroll appeals the summary denial of motion seeking post
con...ach to its order such parts of the record as necessary to conclusively demonstrate that
appellant is not entitled to relief. Reversed and remanded.
16-CITE: 658 So.2d 636 Johnny TARVER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Johnny Tarver appeals from the summary denial of his motion for postconviction
r...t, shall Tarver be resentenced to anything but a guidelines sentence. Reversed and remanded.
THREADGILL, C.J., and DANAHY and FULMER, JJ., concur.
17-CITE: 692 So.2d 289 Thomas C. GOODALE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Thomas Goodale appeals the summary denial of his motion for post-conviction
reli...pursuant to Florida Rule of Criminal Procedure 3.850(d). AFFIRMED IN PART; REVERSED IN PART;
and REMANDED. ALLEN, WEBSTER and MICKLE, JJ., concur.
18-CITE: 497 So.2d 962 Joe JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Defendant Jackson filed a motion for post-conviction relief raising two
grou...der the State Attorney to file an answer or other pleading pursuant to Fla.R.Crim.P. 3.850.
REVERSED and REMANDED. SMITH, and ZEHMER, JJ., concur.
19-CITE: 492 So.2d 1184 William Howard PUGH, Appellant, v. STATE of Florida, Appellee.
TEXT: DOWNEY, Judge. Appellant seeks review of a final order denying his motion for post
convictio...remanded with directions to conduct an evidentiary hearing on those issues. REVERSED
AND REMANDED with directions. LETTS and GUNTHER, JJ., concur.
20-CITE: 590 So.2d 1138 Richard WITHERSPOON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse and remand with directions that the trial court reconsider appellant
...of the record affirmativeliy demonstrating that appellant is not entitled to relief on the claims
asserted. DOWNEY, ANSTEAD and STONE, JJ., concur.
21-CITE: 557 So.2d 182 Dwayne Marrell WILLIAMS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Dwayne Williams appeals the denial of his second motion for post-conviction
reli...a.1987); Chisholm v. State, 247 So.2d 93 (Fla. 3d DCA 1971). Accordingly, we affirm the trial
court s order denying the requested relief. Affirmed.
22-CITE: 754 So.2d 144 Raul Jesus ROQUE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Raul Jesus Roque appeals the trial court s order denying his motion for
postconv... relief on the original motion. See McConn v. State, 708 So.2d 308 (Fla. 2d DCA 1998);
Ragan v. State, 643 So.2d 1175 (Fla. 3d DCA 1994). Affirmed.
23-CITE: 732 So.2d 334 John A. SIMONETTA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John A. Simonetta appeals the summary denial of his motion for post-conviction
r... portions of the record conclusively refuting appellant s claim or grant the appropriate relief.
BARFIELD, C.J., and KAHN and WEBSTER, JJ., concur.
24-CITE: 748 So.2d 1105 Larry BARTON, Petitioner, v. FLORIDA PAROLE COMMISSION, Respondent.
TEXT: PER CURIAM. Pursuant to Florida Rule, of Appellate Procedure 9.140(j), Larry Barton
petition...e deny this petition without prejudice to Barton s right to seek relief in that manner.
PETITION DENIED. ALLEN, WEBSTER and BROWNING, JJ., concur.
25-CITE: 544 So.2d 304 James Whitmar CHAMBERS, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. The trial court s order denying appellant s motion for post-conviction
reli...ent of portions of the record *305 conclusively showing that appellant is not entitled to
post-conviction relief. BOOTH and WIGGINTON, JJ., concur.
26-CITE: 591 So.2d 684 Rodney RILEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant Riley appeals the summary denial of his motion for post-conviction
rel...ief. Taylor v. State, 583 So.2d 823 (Fla. 4th DCA 1991); Gentry v. State, 464 So.2d 659 (Fla.
4th DCA 1985). DOWNEY, LETTS and FARMER, JJ., concur.
27-CITE: 657 So.2d 31 Horace CALLINS a k a Randy Johnson, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court summarily denied appellant s motion for post-conviction relief
f...d 823 (Fla. 4th DCA 1991); Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985). REVERSED and
REMANDED. DELL, C.J., GUNTHER and FARMER, JJ., concur.
28-CITE: 688 So.2d 449 Gerald Eugene WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, an inmate of the state correctional system, seeks review of a final
o...ortions of the record which conclusively demonstrate that fact. REVERSED and REMANDED, with
directions. WEBSTER, MICKLE and LAWRENCE, JJ., concur.
29-CITE: 600 So.2d 572 Charles ALEXANDER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Alexander appeals the summary denial of his motion for postconviction relief.
Wh...392 So.2d 905 (Fla.1981); Duenas v. State, 576 So.2d 435 (Fla. 2d DCA 1991). Affirmed.
DANAHY, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.
30-CITE: 654 So.2d 1309 Garfield WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals a final order denying his 3.850 motion for postconviction
reli...tled to relief, or to conduct an evidentiary hearing. Hodges v. State, 633 So.2d 1091 (Fla.
1st DCA 1993). WOLF, WEBSTER and LAWRENCE, JJ., concur.
31-CITE: 511 So.2d 984 Beauford WHITE, Appellant, v. STATE of Florida, Appellee.
TEXT: SHAW, Justice. The Governor has signed a death warrant for White. We denied a petition for
r...ll be entertained. It is so ordered. McDONALD, C.J., and OVERTON, EHRLICH and GRIMES, JJ.,
concur. BARKETT and KOGAN, JJ., concur in result only.
32-CITE: 713 So.2d 1064 Michael R. LeBLANC, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Michael R. LeBlanc petitions this court for relief through writ of habeas
corpus...cated by the pending motion to correct illegal sentence, we withhold formal issuance of the
writ at this time. MINER, ALLEN and DAVIS, JJ., concur.
33-CITE: 711 So.2d 639 Kenneth BAXLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court summarily denied appellant s amended motion for postconviction
r...us. We express no opinion *640 on the merits of the motion for postconviction relief. REVERSED
and REMANDED. MINER, KAHN and WEBSTER, JJ., concur.
34-CITE: 641 So.2d 514 Mark J. PURCELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The order under review denied relief on both grounds asserted in Appellant s
sec...e v. State, 437 So.2d 1388, 1390 (Fla.1983). AFFIRMED IN PART, REVERSED IN PART, AND
REMANDED. ZEHMER, C.J., and MICKLE and LAWRENCE, JJ., concur.
35-CITE: 752 So.2d 132 Robert Lamont FOX, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Robert Lamont Fox, defendant, filed a motion for post-conviction relief on June
...on for post-conviction relief as provided in the trial court s order dismissing his original
filing. Reversed and remanded for further proceedings.
36-CITE: 593 So.2d 564 Anthony James WANNAMAKER, Appellant, v. STATE of Florida, Appellee.
TEXT: WOLF, Judge. Anthony James Wannamaker has appealed an order of the trial court summary
denyi... entitled to no relief, or to grant the appellant an evidentiary hearing on his motion for
postconviction relief. ERVIN and WIGGINTON, JJ., concur.
37-CITE: 522 So.2d 85 Earnest Lee TIGGS, a k a Ernest L. Smith, Appellant, v. STATE of Florida,
Appellee.
TEXT: PER CURIAM. We disagree with the trial court s conclusion that appellant s motion for
post-c...urt to conduct an evidentiary hearing on the merits of appellant s motion. REVERSED and
REMANDED. HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.
38-CITE: 533 So.2d 331 Ervin WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Ervin Williams appeals the summary denial of his motion for post-conviction
re...d which establish that appellant is entitled to no relief, or for further proceedings pursuant
to Rule 3.850. SMITH, C.J., and NIMMONS, J., concur.
39-CITE: 693 So.2d 647 Durwyn J. SEYMORE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, an inmate of the state correctional system, seeks review of an order
...he other claims made by appellant. *648 AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with
directions. ALLEN, WEBSTER and MICKLE, JJ., concur.
40-CITE: 590 So.2d 1008 Keenan Terell HOLMES, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals the summary denial of his motion for post-conviction relief
pu...t for reconsideration. See Hoffman v. State, 571 So.2d 449 (Fla.1990); Smothers v. State, 555
So.2d 452 (Fla. 5th DCA 1990). Reversed and remanded.
41-CITE: 615 So.2d 707 Steven HAYWOOD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant contends that the court erred in denying his motion for
postconvic...r, since the appellant s postconviction relief motion fails on its merits, we affirm.
CAMPBELL, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.
42-CITE: 705 So.2d 650 Gonnie GRINER, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Petitioner seeks mandamus relief from this court based on his unrefuted
allegati...rt will comply with the directions of this court without the necessity for issuance of
the preemptory writ. GUNTHER, FARMER and KLEIN, JJ., concur.
43-CITE: 666 So.2d 246 Isaac JOHNSON, III, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Isaac Johnson appeals the denial of his motion for postconviction relief. In
his...ure of Johnson s facially sufficient claims, he is entitled to an evidentiary hearing on
remand. BLUE, A.C.J., and QUINCE and WHATLEY, JJ., concur.
44-CITE: 503 So.2d 433 Kenneth GREEN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant filed a second motion for post-conviction relief pursuant to Florida
R...ppellant is not entitled to relief as to point I or to hold an evidentiary hearing. Appellant s
remaining points lack merit. Reversed and remanded.
45-CITE: 698 So.2d 638 Anthony Jerome LEWIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of an order denying his motion for postconviction
relief,...he order denying relief is affirmed. AFFIRMED IN PART; REVERSED IN PART; and REMANDED,
with directions. WEBSTER, MICKLE and LAWRENCE, JJ., concur.
46-CITE: 467 So.2d 819 Jerry Layne ROGERS, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK D. UPCHURCH, Jr., Judge. This is an appeal from an order summarily denying
post-convic...gations. See Fla.R.Crim.P. 3.850; Van Bever v. State, 405 So.2d 474 (Fla. 5th DCA
1981). REVERSED and REMANDED. COBB, C.J., and SHARP, J., concur.
47-CITE: 599 So.2d 245 Lester YARBROUGH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges the summary denial of his Florida Rules of Criminal
Pro...or the attachment of such portions of the record as will show that the appellant is not
entitled to relief. BOOTH, BARFIELD and ALLEN, JJ., concur.
48-CITE: 621 So.2d 1096 Daniel JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. REVERSED. We agree with appellant that his motion for post-conviction relief
con...cord conclusively demonstrating that he is not entitled to relief be attached to any order of
denial. ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.
49-CITE: 702 So.2d 297 Frederick McHENRY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant filed a motion for postconviction relief under Florida Rule of
Crimina...he files and records of the trial court that conclusively shows that the appellant is
entitled to no relief. MINER, ALLEN and WEBSTER, JJ., concur.
50-CITE: 661 So.2d 61 Andrew Lee JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Andrew Lee Jackson timely appeals the summary denial of his motion for
postconvi...al within thirty days to obtain appellate review. Affirmed in part, reversed in part,
and remanded. BLUE, A.C.J., FULMER and WHATLEY, JJ., concur.
51-CITE: 468 So.2d 528 Melvin JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from a summary denial of a motion seeking post-conviction
reli...owns v. State, 453 So.2d 1102 (Fla.1984). Remanded for further proceedings consistent with
this opinion. JOANOS, THOMPSON and ZEHMER, JJ., concur.
52-CITE: 453 So.2d 148 Terry MOORE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM: Moore appeals the denial of his motion for post-conviction relief filed
pursuant...t has recently held that aggravated assault is not a necessarily lesser included offense
of armed robbery. State v. Baker, 452 So.2d 927 (Fla.1984).
53-CITE: 463 So.2d 408 Antonio OWENS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant filed a motion for post-conviction relief pursuant to Florida
Rule...se and remand to the trial court to either attach the appropriate portions of the record to
its order denying relief or hold an evidentiary hearing.
54-CITE: 483 So.2d 477 Eileen and Charles FERRARA, individually and as parents and next friends of Marc
Ferrara, a minor, Appellants, v. BELCHER INDUSTRIES, INC. and Gary Belcher, Appellees.
TEXT: PER CURIAM. The Ferraras appeal from an order granting the defendants motion for relief
from...ary hearing on the timely filed motion for relief from judgment. The appellee s motion to
relinquish jurisdiction is denied. Reversed and remanded.
55-CITE: 755 So.2d 814 Willie James JACKSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Willie James Jackson appeals an order denying his motion for postconviction
reli...firm the denial of relief without prejudice to the appellant to exhaust his administrative
remedies within the Department of Corrections. Affirmed.
56-CITE: 490 So.2d 129 William Stanley HOGGART, Appellant Petitioner, v. Louie L. WAINWRIGHT, Secretary
of the Department of Corrections, Appellee Respondent.
TEXT: PER CURIAM. Hoggart filed an untimely notice of appeal of an order denying his motion for
*1...entiary hearing or attach such portions of the record that show that appellant is not entitled
to relief. ERVIN, WENTWORTH and JOANOS, JJ., concur.
57-CITE: 519 So.2d 1108 Mabry Milton MURPHY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the trial court s denial of appellant s motion for post-conviction
rel...me grounds and prayer for relief had been filed and denied. See Stewart v. State, 495 So.2d
164 (Fla.1986). DOWNEY, ANSTEAD and LETTS, JJ., concur.
58-CITE: 672 So.2d 53 Glenn SCHOFIELD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court denied appellant s motion for post-conviction relief, finding
th...t-conviction relief, and remand with directions to consider and to rule upon the merits of the
motion. BOOTH, JOANOS and VAN NORTWICK, JJ., concur.
59-CITE: 736 So.2d 152 William J. PARRIMON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. William Parrimon appeals the denial of his motion for leave to file a belated
mo... writ of habeas corpus and proceed according to Ward and Steele. Reversed and remanded.
ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.
60-CITE: 723 So.2d 328 Christopher CASE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Christopher Case raises several issues in this appeal of the denial of his
motio...ttery without felony reclassification based upon section 784.07(2)(b), Florida Statutes
(1993). FULMER, A.C.J., and WHATLEY and GREEN, JJ., Concur.
61-CITE: 746 So.2d 1187 Stephan A. LIFHRED, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed without prejudice to defendant seeking habeas relief or other relief
th...judice to defendant seeking habeas relief or other relief that may be available to him in the
trial court. KLEIN, STEVENSON and GROSS, JJ., concur.
62-CITE: 747 So.2d 485 Jeffery K. FLORES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jeffery K. Flores, the Appellant, challenges an order denying relief sought in
h...erefore REVERSED and REMANDED. LAWRENCE, DAVIS AND VAN NORTWICK, JJ., CONCUR. ------------
(FN1) Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986).
63-CITE: 579 So.2d 145 Pedro GONZALEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Pedro Gonzalez, appeals the denial of his motion for post conviction
...erwhelming and included the testimony of two eye witnesses. Accordingly, we affirm, finding that
appellant has failed to show any basis for relief.
64-CITE: 755 So.2d 694 Brenda Kay GOODMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Brenda Goodman, appeals the trial court s denial of the 3.850 motion
...tions of the record to the order denying relief or to hold an evidentiary hearing. REVERSED AND
REMANDED. GUNTHER, GROSS and HAZOURI, JJ., concur.
65-CITE: 623 So.2d 855 Anthony Carl HANNAH, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant, Anthony Carl Hannah (Hannah), moved for post-conviction relief
on...lusively refute the defendant s allegations in a motion for post-conviction relief under Rule
3.850, Florida Rules of Criminal Procedure. Affirmed.
66-CITE: 559 So.2d 1254 Angel DE LEON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Angel De Leon, appeals the denial of his motion for post-conviction
r...pellant to be facially insufficient to support the relief sought, the trial court s denial of
appellant s post-conviction relief motion is affirmed.
67-CITE: 540 So.2d 227 Randy HILBERT, Appellant, v. STATE of Florida, Appellee.
TEXT: ORFINGER, Judge. The trial court denied defendant s motion for post conviction relief under
...a response to the motion or other pleading from the state, as provided for in the Rule. REVERSED
AND REMANDED. SHARP, C.J. and DANIEL, J., concur.
68-CITE: 585 So.2d 507 Paul D. LAFONTAINE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals two separate orders of the trial court concerning two motions
...h he was entitled. REQUEST FOR BELATED APPEAL OF FIRST ORDER DENIED; APPEAL OF SECOND ORDER
AFFIRMED. HARRIS, PETERSON and DIAMANTIS, JJ., concur.
69-CITE: 539 So.2d 41 Antonio OWENS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the summary denial of defendant s motion for post-conviction relief
un...e of Criminal Procedure 3.850. The trial court corrected the sentencing defects and properly
denied relief on the other asserted grounds. AFFIRMED.
70-CITE: 526 So.2d 1071 Anthony CHERRY, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Anthony Cherry appeals the summary denial of his motion for post-conviction
r...er denying post-conviction relief is affirmed, without prejudice to file a properly drafted
motion. Affirmed. SMITH, C.J., and ZEHMER, J., concur.
71-CITE: 715 So.2d 330 Michael Earl STATON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges an order by which the trial court summarily denied his
...shows that the appellant is entitled to no relief or for relief to be granted. The order is
otherwise affirmed. ALLEN, WOLF and DAVIS, JJ., concur.
72-CITE: 596 So.2d 471 John Angus WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This appeal is taken from the denial of appellant s motion for post-conviction
r... that defendant is not entitled to relief on his claims. Gentry v. State, 464 So.2d 659 (Fla.
4th DCA 1985). ANSTEAD, DELL and FARMER, JJ., concur.
73-CITE: 599 So.2d 234 John Wesley PEAVY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a summary denial of appellant s motion
fo...ed by the trial court in light of the recent Supreme Court decision in Jones v. State, 591
So.2d 911 (Fla.1991). BOOTH, WOLF and KAHN, JJ., concur.
74-CITE: 647 So.2d 1082 Randolph HURLEY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Upon the state s confession of error, which we accept as well taken, the order
u... the grounds for post-conviction relief asserted by the appellant in his pending motion to
vacate under Fla.R.Crim.P. 3.850. Reversed and remanded.
75-CITE: 670 So.2d 1151 Brian Anthony MORRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. In this appeal from the summary denial of appellant s motion for
post-convict...nying post-conviction relief is affirmed. AFFIRMED in part, REVERSED in part and
REMANDED for further proceedings. MINER and WEBSTER, JJ., concur.
76-CITE: 729 So.2d 501 Joseph WILEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Joseph Wiley appeals the denial of his motion for post-conviction relief
pursuan...FFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with
this opinion. ALLEN, WEBSTER AND VAN NORTWICK, JJ., CONCUR.
77-CITE: 697 So.2d 581 David KELSEY, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. In this appeal from the denial of appellant s motion for post-conviction
reli...request jury instruction on justifiable use of non-deadly force). AFFIRMED in part; REVERSED
in part; REMANDED. WEBSTER and PADOVANO, JJ., concur.
78-CITE: 453 So.2d 206 Lewis Edward OWENS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The order denying post-conviction relief, from which this appeal is taken,
recit...ne the issues and make findings of fact and conclusions of law with respect thereto.
REVERSED AND REMANDED. HERSEY, DELL and WALDEN, JJ., concur.
79-CITE: 689 So.2d 372 Ervin Alphonso BARTLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, an inmate of the state correctional system, seeks review of an order
...nclusively establish that appellant is entitled to no relief. REVERSED and REMANDED, with
directions. WEBSTER, LAWRENCE and PADOVANO, JJ., concur.
80-CITE: 595 So.2d 1061 Anthony WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Anthony Williams appeals the denial of his motion for post-conviction
r...firmed without prejudice to appellant s right to raise the competency issue in a successive rule
3.850 motion. WIGGINTON and BARFIELD, JJ., concur.
81-CITE: 746 So.2d 1158 Ronald COTTON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant filed a 247-page pro se motion for post-conviction relief raising
appr...l portions of the record which lead it to that conclusion. Otherwise, it shall hold an
evidentiary hearing. GUNTHER, FARMER and KLEIN, JJ., concur.
82-CITE: 674 So.2d 908 Ronald L. BUCKLES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Ronald Buckles challenges the summary denial of his rule 3.850 motion for
post-c...chments, or for further proceedings consistent with this opinion. REVERSED and REMANDED.
ALLEN and MICKLE, JJ., and SHIVERS, Senior Judge, concur.
83-CITE: 750 So.2d 773 Farrand CLARK, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals from a denial of a motion for post-conviction relief. The
...ith instructions to review the defendant s reply and address ground two of the defendant s motion
for post-conviction relief. VACATED and REMANDED.
84-CITE: 678 So.2d 859 Keith Edward KISER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, an inmate of the state correctional system, seeks review of an order
..., the order denying relief is affirmed. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with
directions. MINER, WEBSTER and MICKLE, JJ., concur.
85-CITE: 737 So.2d 1155 G.H. SIZEMORE, Appellant, v. STATE of Florida, Appellee.
TEXT: ANTOON, J. G.H. Sizemore appeals the order entered by the trial court denying his motion
for...zemore s other claims postconviction relief are without merit. AFFIRMED in part; REVERSED and
REMANDED in part. DAUKSCH and W. SHARP, JJ., concur.
86-CITE: 455 So.2d 1158 Willie Fred WEST, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This appeal is from the denial of a motion seeking postconviction relief under
F...view, any aggrieved party must appeal the new ruling of the trial judge. REVERSED AND REMANDED.
OTT, A.C.J., and DANAHY and CAMPBELL, JJ., concur.
87-CITE: 752 So.2d 1279 Michael Scott ANNEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the trial court s order summarily denying Michael Scott Annen s
motion...on for postconviction relief based on his claim of newly discovered evidence. Affirmed.
ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.
88-CITE: 466 So.2d 1262 Cedrick Bernard DANIELS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Petitioner appeals the summary denial of his motion for postconviction relief
fi...Fla. 2d DCA 1983); Fla.R.Crim.P. 3.850. Reversed and remanded for proceedings consistent
herewith. RYDER, C.J., and DANAHY and LEHAN, JJ., concur.
89-CITE: 436 So.2d 446 Herman Lee MARSHALL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Herman Marshall appeals the trial judge s order denying his motion for post
conv...ief is reversed and the cause remanded for proceedings in compliance with Rule 3.850.
REVERSED and REMANDED. DOWNEY, HERSEY and DELL, JJ., concur.
90-CITE: 496 So.2d 976 Derek ARCHIE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the trial court s summary denial of Derek Archie s third successive
po...entitled to no relief, the trial court correctly denied this successive motion for
post-conviction relief without a hearing. Accordingly we Affirm.
91-CITE: 731 So.2d 823 Famous L. JOHNSON, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. As the trial court did not attach to its order denying postconviction relief
the...elief, we return the matter to the trial court to do so or conduct other appropriate
proceedings. See Fla.R.App.P. 9.140(i). Reversed and remanded.
92-CITE: 494 So.2d 225 Mike NEWGENT, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. On March 12, 1985, this court issued its order to the trial court to
supply... directed to respond to the motion as such response may obviate the need for an evidentiary
hearing in this case. THOMPSON and ZEHMER, JJ., concur.
93-CITE: 734 So.2d 1061 Lamar CRUSE, Appellant, v. Harry K. SINGLETARY, Jr., Secretary, Florida
Department of Corrections, Appellee.
TEXT: PER CURIAM. The appeal is dismissed without prejudice to appellant s right to seek relief
th...eek relief through a motion for relief from judgment. Snelson v. Snelson, 440 So.2d 477 (Fla.
5th DCA 1983). JOANOS, KAHN and WEBSTER, JJ., concur.
94-CITE: 600 So.2d 543 Daniel James MILLARD, Appellant, v. STATE of Florida, Appellee.
TEXT: ORDER PER CURIAM. On our own motion, we issued an order to show cause why this appeal
shoul...motion for postconviction relief pursuant to Rule 3.800(a), we do not at this time order the
clerk of the lower tribunal to file a corrected record.
95-CITE: 616 So.2d 589 William MENDOZA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, William Mendoza, appeals the summary denial of his Rule 3.850 motion
...hed to appellant s motion. Agan v. State, 503 So.2d 1254 (Fla.1987). We affirm the denial of
Mendoza s motion for post-conviction relief. Affirmed.
96-CITE: 459 So.2d 430 Paul J. CARRIN, Appellant, v. STATE of Florida, Appellee.
TEXT: WENTWORTH, Judge. Appellant seeks review of the denial of his Fla.R.Crim.P. 3.850 motion
for...med without prejudice to appellant s ability to present the issues raised in a proper
Fla.R.Crim.P. 3.850 motion. SHIVERS and NIMMONS, JJ., concur.
97-CITE: 715 So.2d 357 Kevin J. ISSAC, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. The petition for writ of habeas corpus is denied without prejudice to
petitioner...ion for postconviction relief. State v. Stevens, 714 So.2d 347 (Fla.1998). JOANOS and
WEBSTER, JJ., and SHIVERS, DOUGLASS B., Senior Judge, concur.
98-CITE: 492 So.2d 412 Frederick Alan PIERCE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court failed to conduct an evidentiary hearing on appellant s motion
f... conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. REVERSED
and REMANDED. DOWNEY, DELL and WALDEN, JJ., concur.
99-CITE: 670 So.2d 1019 Dion Lee HOUGHTALING, Appellant, v. STATE of Florida, Appellee.
TEXT: FRANK, Judge. Dion Houghtaling appeals from the summary denial of his petition for writ of
h...ally Miller v. State, 617 So.2d 332 (Fla. 2d DCA 1993); Lemus v. State, 585 So.2d 388 (Fla. 2d
DCA 1991). DANAHY, A.C.J., and CAMPBELL, J., concur.
100-CITE: 452 So.2d 1097 Henry Lee WYNN, Appellant, v. STATE of Florida, Appellee.
TEXT: DANAHY, Judge. The appellant appeals the summary denial of his motion for postconviction
rel...ed party must appeal the new ruling of the trial court. AFFIRMED IN PART, REVERSED IN PART,
AND REMANDED. BOARDMAN, A.C.J., and LEHAN, J., concur.
101-CITE: 641 So.2d 932 Robert DELAUGHTER, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Robert Delaughter appeals the trial court s denial of his motion for
postconv...hout prejudice to Delaughter to file a specific motion for postconviction relief raising
these two issues. DANAHY, A.C.J., and LAZZARA, J., concur.
102-CITE: 509 So.2d 412 Keith PARKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED without prejudice to appellant s right to seek relief by filing a
motio...compliance with Florida Rule of Criminal Procedure 3.850 if same is still timely under the
rule. HERSEY, C.J., and WALDEN and GUNTHER, JJ., concur.
103-CITE: 442 So.2d 1062 Harrison PORTERFIELD Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Porterfield moved for post-conviction relief pursuant to Fla.R.Cr.P. 3.850
a...elief or to hold an evidentiary *1064 hearing on this matter. See Fla.R.Cr.P. 3.850. REVERSED
and REMANDED. BOOTH and LARRY G. SMITH, JJ., concur.
104-CITE: 449 So.2d 972 DIXIE INSURANCE COMPANY, Appellant, v. Loretta FEDERICK, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order denying both relief from a judgment and a
st...d and this cause remanded for further proceedings to correct the judgment. REVERSED and
REMANDED. FRANK D. UPCHURCH, Jr., and COWART, JJ., concur.
105-CITE: 524 So.2d 1113 Alphonso McBRIDE, Appellant, v. STATE of Florida, Appellee.
TEXT: DELL, Judge. Petitioner, Alphonso McBride, filed an appeal from the trial court s order
deny.... Accordingly, we affirm the trial court s denial of petitioner s motion for post-conviction
relief. AFFIRMED. DOWNEY and GLICKSTEIN, JJ., concur.
106-CITE: 442 So.2d 1119 Henry Lee DIXON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant filed a motion for post-conviction relief pursuant to Florida Rule of
...not entitled to any relief or grant appellant an evidentiary hearing. REVERSED AND REMANDED with
directions. DOWNEY, HERSEY and DELL, JJ., concur.
107-CITE: 578 So.2d 63 Arthur Ray NOBLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant Noble appeals the summary denial of his 3.850 motion for
post-convicti...howing *64 the defendant is not entitled to relief. Gentry v. State, 464 So.2d 659
(Fla. 4th DCA 1985). GLICKSTEIN, GUNTHER and POLEN, JJ., concur.
108-CITE: 546 So.2d 795 Rolando OTERO a k a Rolando Hernandez and Rolando Otero Hernandez, Appellant, v.
The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from a denial of a Writ of Habeas Corpus. The crucial point
is...efore, the order under review is affirmed without prejudice to the appellant, as petitioner,
reapplying for habeas corpus relief in the trial court.
109-CITE: 667 So.2d 938 Rahim A. CHARLES, Appellant, v. STATE of Florida, Appellee.
TEXT: FULMER, Judge. The defendant timely appeals the order denying his motion for postconviction
...lief, the trial court must conduct an evidentiary hearing to reach a determination of the
defendant s claims. BLUE, A.C.J., and QUINCE, J., concur.
110-CITE: 740 So.2d 1245 Maximiliano, HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Maximiliano Hernandez appeals an order denying his motion for postconviction
rel...mendation. Id. Assuming, without deciding, that a claim of this type can be raised by a Rule
3.800(a) motion, the claim is without merit. Affirmed.
111-CITE: 508 So.2d 1251 Joseph CASSEUS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Casseus appeals from the summary denial of his Florida Rule of Criminal
Procedur...onstrate that Casseus is not entitled to relief, we Reverse and remand for further
proceedings in accordance with Ginebra, Edwards, and Rule 3.850.
112-CITE: 508 So.2d 1250 Gerardo FUNDORA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Fundora appeals from the summary denial of his Florida Rule of Criminal
Procedur...onstrate that Fundora is not entitled to relief, we Reverse and remand for further
proceedings in accordance with Ginebra, Edwards, and Rule 3.850.
113-CITE: 732 So.2d 1208 Booker BIRDSONG, Jr., Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the denial of defendant s motion for postconviction relief, and deny
b...aim for postconviction relief). Denial of Motion for Postconviction relief, affirmed; Petitions
for Writ of Error Coram Nobis and Mandamus, denied.
114-CITE: 637 So.2d 935 James Jones NIXON, Appellant, v. STATE of Florida, Appellee.
TEXT: ALTENBERND, Judge. The state has moved for rehearing in this case. In our initial opinion,
w...ence needed to satisfy Gill. Accordingly, we affirm the trial court s order denying
postconviction relief. Affirmed. BLUE and FULMER, JJ., concur.
115-CITE: 510 So.2d 1246 Moses JONES, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Moses Jones appeals from a summary denial of his motion for
post-conviction...ense counsel is insufficient under Knight v. State, 394 So.2d 997 (Fla.1981), to
warrant relief. AFFIRMED. SMITH, C.J., and WENTWORTH, J., concur.
116-CITE: 633 So.2d 1091 Kenneth Darwell HODGES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kenneth Hodges appeals a final order denying his rule 3.850 motion for
post-conv...Jones v. State, 421 So.2d 55 (Fla. 1st DCA 1982). AFFIRMED in part, REVERSED in part,
and REMANDED. ZEHMER, C.J., and SMITH and KAHN, JJ., concur.
117-CITE: 627 So.2d 605 ALMA S ITALIAN & SEAFOOD RESTAURANT, Employer and Alexsis, Inc., Carrier,
Petitioners, v. Judge J. Paul JONES, Judge of Compensation Claims, in and for the State of Florida,
Respondent.
TEXT: PER CURIAM. Petitioners seek certiorari relief to quash an order setting the case for
trial,...ll as the motion to consolidate. Milmer Construction v. Jones, 626 So.2d 985 (Fla. 1st DCA
1993). ZEHMER, C.J., and BARFIELD and KAHN, JJ., concur.
118-CITE: 522 So.2d 1027 Steven WASHINGTON, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHEB, Acting Chief Judge. Steven Washington appeals from the summary denial of his motion
f...court s order and affirm the trial court s denial of Washington s motion. See Witt v. State, 465
So.2d 510 (Fla.1985). RYDER and HALL, JJ., concur.
119-CITE: 495 So.2d 282 Steven Wayne CARR, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Steven Carr appeals the summary denial of his motion for transcripts. Carr,
an...he record; the burden of combing the record in that regard is, of course, not on the defendant.
Affirmed. RYDER, A.C.J., and CAMPBELL, J., concur.
120-CITE: 743 So.2d 599 James ALLEN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. This is a belated appeal of an order denying the motion of defendant-appellant
J...387 So.2d 922, 929-30 (Fla.1980). As there was a factual basis for the four kidnapping counts,
the order denying postconviction relief is Affirmed.
121-CITE: 652 So.2d 514 Joseph Alan MOORE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court summarily denied appellant s motion for postconviction relief
fi... 823 (Fla. 4th DCA 1991); Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985). REVERSED and
REMANDED. DELL, C.J., and STONE and POLEN, JJ., concur.
122-CITE: 735 So.2d 514 Jermaine CRAWFORD, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Jermaine Crawford appeals from the denial of his motion for post-conviction
reli...licitly acknowledged that a claim under Hudson can be raised in a motion for post-conviction
relief. Newell v. State, 714 So.2d 434, 435 (Fla.1998).
123-CITE: 598 So.2d 210 Antonio IGLESIAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Antonio Iglesias appeals the summary denial of his motion for postconviction
rel...and direct that an order be entered granting a belated appeal of the judgment and sentence.
CAMPBELL, A.C.J., and ALTENBERND and BLUE, JJ., concur.
124-CITE: 494 So.2d 236 Allen L. PENOYER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Allen Penoyer appeals from an order summarily denying his motion for
post-convic...ngly, the order of the trial court denying the motion for post-conviction relief is
affirmed. GRIMES, A.C.J., and SCHOONOVER and HALL, JJ., concur.
125-CITE: 723 So.2d 931 Brian D. COMBS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges an order denying his motion filed pursuant to Florida
R... without prejudice to appellant s ability to file a properly pled rule 3.800(a) motion in the
trial court. WOLF, WEBSTER and LAWRENCE, JJ., concur.
126-CITE: 681 So.2d 1177 Terrence E. SURRATT, Appellant, v. STATE of Florida, Appellee.
TEXT: PARKER, Judge. Terrence E. Surratt appeals the summary denial of his motion for
postconvicti...dentiary hearing to determine the merits of Surratt s remaining claim. Affirmed in
part; reversed in part. RYDER, A.C.J., and LAZZARA, J., concur.
127-CITE: 683 So.2d 1165 Anthony CARACCIOLO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the trial court s order summarily denying Appellant s motion for
post...ellant was ordered to pay neither costs nor restitution in the cases in question. REVERSED
and REMANDED. POLEN, FARMER and STEVENSON, JJ., concur.
128-CITE: 579 So.2d 200 Earl ALLEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Earl Allen appeals the summary denial of his motion for postconviction relief.
W...ed in all other respects. Affirmed in part, reversed in part, and remanded with instructions.
SCHEB, A.C.J., and HALL and ALTENBERND, JJ., concur.
129-CITE: 482 So.2d 529 John Wayne ALLEN, Appellant, v. STATE of Florida, Appellee.
TEXT: THOMPSON, Judge. Appellant filed a motion for post-conviction relief pursuant to
Fla.R.Crim....lant is entitled to no relief or hold an evidentiary hearing. REVERSED and REMANDED.
ZEHMER, J., concurs. BARFIELD, J., dissents without opinion.
130-CITE: 622 So.2d 138 Mihaly KOVASEVICS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. REVERSED. We agree with appellant that he has stated facially valid claims in
*1...ying relief, or that an evidentiary hearing be conducted on appellant s motion. ANSTEAD and
KLEIN, JJ., and DOWNEY, JAMES C., Senior Judge, concur.
131-CITE: 755 So.2d 776 Rhonnie B. CLARK, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, J. This is an appeal from a denial of collateral relief. We must affirm because
app...strate entitlement to relief. Appellant may again apply to the trial court with appropriate
allegations. AFFIRMED. COBB and PETERSON, JJ., concur.
132-CITE: 688 So.2d 968 Kenneth D. JEWSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, an inmate of the state correctional system, seeks review of a final
o...hat the trial court address the merits of appellant s motion. REVERSED and REMANDED, with
directions. WEBSTER, LAWRENCE and PADOVANO, JJ., concur.
133-CITE: 431 So.2d 714 Carlos W. ALDAY, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. This appeal ensued after the trial court summarily denied Alday s motion for
p...day v. State, 392 So.2d 68 (Fla. 1st DCA 1980). *715 Such matters may not be asserted in a 3.850
motion. Affirmed. BOOTH and SHIVERS, JJ., concur.
134-CITE: 571 So.2d 6 Louis SANMARTIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from the trial court s denial of appellant s pro se petition
f...is direct appeal *7 has been decided. See Marshall v. State, 481 So.2d 973 (Fla. 2d DCA 1986).
RYDER, A.C.J., and LEHAN and PATTERSON, JJ., concur.
135-CITE: 489 So.2d 875 Abner Lamar HAVARD and Joseph Carl Majewski, Appellants, v. STATE of Florida,
Appellee.
TEXT: PER CURIAM. Appellants Havard and Majewski seek review of the lower court s denial, without
...87 So.2d 32 (Fla. 1st DCA 1986). In all other respects, the court s denial of relief is affirmed.
BOOTH, C.J., and ERVIN and THOMPSON, JJ., concur.
136-CITE: 659 So.2d 722 Nathaniel GRAHAM, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Nathaniel Graham seeks reversal of an order denying his motion for
post-convicti...iction relief is affirmed. AFFIRMED in part, REVERSED in part and REMANDED for
further proceedings. WEBSTER, MICKLE and VAN NORTWICK, JJ., concur.
137-CITE: 625 So.2d 970 Gregory MILLS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Gregory Mills appeals the summary denial of his motion for postconviction
relief...ttach those portions of the record refuting his claim or hold an evidentiary hearing.
Reversed. HALL, A.C.J., and PATTERSON and BLUE, JJ., concur.
138-CITE: 672 So.2d 110 Reginald B. McGRIFF, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This appeal arises from an order of the lower court summarily denying Appellant
...f Criminal Procedure. The lower court s denial of relief on the remaining grounds raised is
affirmed. BOOTH, JOANOS and VAN NORTWICK, JJ., concur.
139-CITE: 459 So.2d 1179 The STATE of Florida, Petitioner. v. Roberto TOLEDO, Respondent.
TEXT: PER CURIAM. The state seeks certiorari review of an order setting a supersedeas bond
pending...hority to grant such relief, the petition is granted and the order is quashed. (FN1)
------------ (FN1) No motion for rehearing will be entertained.
140-CITE: 494 So.2d 527 Thomas M. OVERTON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. Appellant Overton appeals the trial court s summary denial of his motion
for...operly determine whether an evidentiary hearing is required, and then proceed according to
Rule 3.850, Fla.R.Crim.P. SMITH and ZEHMER, JJ., concur.
141-CITE: 618 So.2d 367 Anthony SELMON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The order denying Anthony Selmon s motion for postconviction relief because of
h...inal Procedure 3.850. See Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984). Affirmed.
SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.
142-CITE: 718 So.2d 1290 Joseph SAWCZAK, Petitioner, v. Harry K. SINGLETARY, Jr., Secretary, Florida
Department of Corrections and Greg Drake, Superintendent, Taylor Correctional Institution,
Respondents.
TEXT: PER CURIAM. The petition for belated appeal is denied without prejudice to petitioner s
righ...eek relief through a motion for relief from judgment. Snelson v. Snelson, 440 So.2d 477 (Fla.
5th DCA 1983). JOANOS, KAHN and WEBSTER, JJ., concur.
143-CITE: 550 So.2d 176 Samuel GARDNER, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Chief Judge. Appellant, Samuel Gardner, appeals the trial court s summary denial
of... whether an evidentiary hearing is necessary. Fla.R.Crim.P. 3.850. AFFIRMED in part, REVERSED,
and REMANDED. WENTWORTH and WIGGINTON, JJ., concur.
144-CITE: 508 So.2d 363 Kenneth RUDOLPH, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Rudolph appeals from an order denying him post-conviction relief sought
pursua...1986); Wright v. State, 492 So.2d 394 (Fla. 1st DCA 1986); Price v. State, 487 So.2d 34
(Fla. 1st DCA 1986). BOOTH, C.J., and THOMPSON, J., concur.
145-CITE: 685 So.2d 63 Ralph MARSHALL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, an inmate of the state correctional system, seeks review of a final
o... those portions of the record which conclusively establish that. REVERSED and REMANDED, with
directions. ALLEN, WEBSTER and LAWRENCE, JJ., concur.
146-CITE: 652 So.2d 1276 Lorenzo EDWARDS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The defendant appeals the summary denial of his Rule 3.850 motion for
post-convi...firm the order denying relief on all other grounds. AFFIRMED IN PART, REVERSED IN PART
WITH INSTRUCTIONS. DAUKSCH, COBB and PETERSON, JJ., concur.
147-CITE: 569 So.2d 906 Joseph PULLARA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Joseph Pullara appeals from the summary denial of his motion for postconviction
... the trial court must file a notice of appeal within thirty days to obtain appellate review.
DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.
148-CITE: 752 So.2d 1259 Calvin COBB, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of an order denying his amended motion seeking
postconvic...ef, otherwise, it shall hold a hearing. AFFIRMED IN PART; REVERSED IN PART; and
REMANDED, with directions. BOOTH, JOANOS and WEBSTER, JJ., CONCUR,
149-CITE: 475 So.2d 1253 Albert Lee REED, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals the trial court s order which summarily denied his motion for
...insufficient to require an evidentiary hearing. Accordingly, we affirm the trial court s order.
OTT, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
150-CITE: 502 So.2d 101 DeWayne R. McLENDON, Appellant, v. STATE of Florida, Appellee.
TEXT: HALL, Judge. DeWayne McLendon appeals from the summary denial of his motion for
postconvicti...f appeal within thirty days of any further order denying the motion for
postconviction relief. Reversed. LEHAN, A.C.J., and SANDERLIN, J., concur.
151-CITE: 642 So.2d 849 Andre BOWER, Petitioner, v. The Honorable Carol R. GERSTEN, Respondent.
TEXT: PER CURIAM. Petitioner, Andre Bower, files a writ of mandamus to compel the trial judge to
r...ion relief. Therefore, we grant the writ and direct the trial court to supply defendant with a
copy of the orders denying his motions for rehearing.
152-CITE: 734 So.2d 1062 Dexter D. WOULLARD, Petitioner, v. H.C. MASON, E. Lundy, B. Dodd, and Harry K.
Singletary, Department of Corrections, Respondents.
TEXT: PER CURIAM. The petition seeking belated appeal is denied without prejudice to petitioner s
.... State, 708 So.2d 1041 (Fla. 1st DCA 1998); Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA
1983). BARFIELD, C.J., ALLEN and WEBSTER, JJ., concur.
153-CITE: 570 So.2d 1114 Sherrill B. TURNER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Sherrill B. Turner appeals the summary denial of his Rule 3.850 motion for
post-...sively that appellant is entitled to no relief on this claim. REVERSED and REMANDED with
instructions. GOSHORN, HARRIS and DIAMANTIS, JJ., concur.
154-CITE: 590 So.2d 1131 John THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm without prejudice to appellant s right to seek relief on his second
is...otion for post-conviction relief in the trial court. Scott v. State, 464 So.2d 1171 (Fla.1985).
GLICKSTEIN, C.J., and HERSEY and DELL, JJ., concur.
155-CITE: 582 So.2d 172 Herman CHAMBERS, Appellant, v. Harry K. SINGLETARY, Jr., Appellee.
TEXT: PER CURIAM. Herman Chambers appeals the summary denial of his motion for postconviction
reli... Hickman v. State, No. *173 91-01213 (Fla. 2d DCA June 12, 1991) [16 F.L.W. D1640].
Reversed. RYDER, A.C.J., and DANAHY and CAMPBELL, JJ., concur.
156-CITE: 442 So.2d 232 Clayton WAY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Because the appellant s motion for post-conviction relief raised one or more
gro...to conduct an evidentiary hearing in accordance with Florida Rule of Criminal Procedure 3.850
and Walker v. State, 432 So.2d 727 (Fla. 3d DCA 1983).
157-CITE: 736 So.2d 24 Thomas Perry WELLS, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Thomas Wells appeals the denial of his motion to amend his motion for
postconvic...motion to amend and his original motion for postconviction relief. Reversed and
remanded. PATTERSON, A.C.J., and FULMER and STRINGER, JJ., Concur.
158-CITE: 734 So.2d 606 Charles BERNARD, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Charles Bernard petitions this court for a writ of mandamus. He complains that
h...conviction relief within 15 days of issuance of mandate in this cause. PETITION GRANTED; WRIT
ISSUED. BARFIELD, C.J., KAHN and DAVIS, JJ., concur.
159-CITE: 741 So.2d 1201 Gary POWELL, Petitioner, v. FLORIDA DEPARTMENT OF CORRECTIONS and Florida
Parole Commission, Respondents.
TEXT: PER CURIAM. Gary Powell unsuccessfully petitioned the circuit court to challenge a
forfeitur... FOR WRIT OF HABEAS CORPUS DENIED; MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF HABEAS
CORPUS DENIED. BARFIELD, C.J., ERVIN and WOLF, JJ., concur.
160-CITE: 588 So.2d 308 David Wayne TALBERT, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Appellant seeks review of the trial court s order denying his amended
m...cur in the result only. I disagree with this court s seeking out possible error in the trial
proceedings and advising the appellant on such matters.
161-CITE: 700 So.2d 390 Darryl PARKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges the order by which the trial court summarily denied
his... of the record showing conclusively that the appellant is not entitled to relief. See
Fla.R.Crim.P. 3.850(d). MINER, ALLEN and MICKLE, JJ., concur.
162-CITE: 741 So.2d 577 Gary A. MOORE, Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, J. Moore appeals from the trial court s summary denial of his motion filed
pursuan...79 record showing Moore is not entitled to the relief requested. REVERSED AND REMANDED.
COBB, J., concurs. GRIFFIN, J., dissents without opinion.
163-CITE: 612 So.2d 685 Keith WATERS, Appellant, v. STATE of Florida, Appellee.
TEXT: COBB, Judge. Keith Waters appeals the summary denial of his Rule 3.850 motion for
post-convi... the order denying relief on all other grounds. AFFIRMED IN PART, REVERSED IN PART AND
REMANDED with instructions. COWART and HARRIS, JJ., concur.
164-CITE: 687 So.2d 950 Gino L. BROWNING, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. Appellant challenges the denial of his motion for post-conviction relief
file...he claims raised in the motion. See e.g. Ames v. State, 518 So.2d 465 (Fla. 1st DCA 1988).
REVERSED and REMANDED. ALLEN, and WEBSTER, JJ., concur.
165-CITE: 514 So.2d 438 Theodore LAWLER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed, without prejudice to appellant s right to seek additional relief by
fi...ior to January 1, 1987, appellant is granted sixty (60) days within which to seek such relief.
HERSEY, C.J., and GLICKSTEIN and STONE, JJ., concur.
166-CITE: 661 So.2d 406 Clyde YOUNG, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. Clyde Young appeals the denial of his motion for post-conviction relief
filed...ying post-conviction relief is affirmed. AFFIRMED in part, REVERSED in part and REMANDED
for further proceedings. ERVIN and LAWRENCE, JJ., concur.
167-CITE: 555 So.2d 434 Billy Joe LONG, Appellant, v. STATE of Florida, Appellee.
TEXT: MINER, Judge. Billy Joe Long appeals the summary denial of his motion for post-conviction
re...t facts. Thus, the order denying relief is affirmed, without prejudice to file a properly
drafted motion. Affirmed. BOOTH and JOANOS, JJ., concur.
168-CITE: 729 So.2d 482 George WHITAKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. George Whitaker (Appellant) appeals an order summarily denying his motion for
co...erty, 632 So.2d at 669, unless that relief was already time-barred at the time he filed the
instant motion. POLEN, FARMER and SHAHOOD, JJ., concur.
169-CITE: 504 So.2d 28 Doris DEVARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Doris Devard appeals from the summary denial of her motion for postconviction
re...ust file a notice of appeal within thirty days to obtain further appellate review. Reversed.
RYDER, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
170-CITE: 596 So.2d 509 Jesse R. GERMAN, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Appellant Jesse R. German appeals the denial of his motion for
post-con...ons of the files or records which demonstrate that appellant is entitled to no relief, or
for an evidentiary hearing. ERVIN and ALLEN, JJ., concur.
171-CITE: 455 So.2d 1159 Leroy WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: SCHOONOVER, Judge. Leroy Williams appeals the trial court s summary denial of his motion
for...State, 421 So.2d 55 (Fla. 1st DCA 1982); Van Bever v. State, 405 So.2d 474 (Fla. 5th DCA
1981). REVERSED. BOARDMAN, A.C.J., and LEHAN, J., concur.
172-CITE: 705 So.2d 958 Willie Lee ROSE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Willie Lee Rose challenges the trial court s determination that he is entitled
t...ent felony offender. Accordingly, the order of the trial court denying Rose s motion is
affirmed. BLUE, A.C.J., and FULMER and QUINCE, JJ., concur.
173-CITE: 688 So.2d 459 Robert REDIKER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the trial court s order summarily denying the appellant s motion for
...which he found conclusively demonstrated the appellant was entitled to no relief. See Fla.R.Crim.
P. 3.850. MINER, ALLEN and PADOVANO, JJ., concur.
174-CITE: 588 So.2d 238 Andrew EDGECOMB, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Upon the court s own motion, we dismiss this appeal. Appellant filed a motion
f...illiams which would suggest a contrary result is dicta. Accordingly, we hereby dismiss this
appeal. JOANOS, C.J., and BOOTH and KAHN, JJ., concur.
175-CITE: 738 So.2d 977 Freddie Lee JACKSON, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: W. SHARP, J. Jackson appeals the summary denial of his motion filed pursuant to Florida
Rule...cknowledged under oath he read it and *978 that the matters set forth therein were true and
correct. AFFIRMED. PETERSON and THOMPSON, JJ., concur.
176-CITE: 722 So.2d 920 Rojelio GUTIERREZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the denial of Rojelio Gutierrez s motion seeking postconviction
relie... sworn and pleaded motion for postconviction relief). Reversed and remanded with
directions. FRANK, A.C.J., and THREADGILL and GREEN, JJ., Concur.
177-CITE: 462 So.2d 1171 CITY OF CLEARWATER, Appellant, v. UNITED STATES STEEL CORPORATION, Appellee.
TEXT: PER CURIAM. Appellant, City of Clearwater, Florida, appeals from an order denying its
motion...lar grounds set forth in appellant s motion and therefore affirm. SCHEB, A.C.J.,
SCHOONOVER, J., and BENTLEY, E. Randolph, Associate Judge, concur.
178-CITE: 500 So.2d 730 Neal Benjamin IVEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Neal B. Ivey appeals the summary denial of his motion for post-conviction
relief...ain further review, either aggrieved party must appeal the new ruling of the trial court.
GRIMES, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
179-CITE: 658 So.2d 169 Alejandro RAMOS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Alejandro Ramos appeals a denial of his motion for post-conviction relief for
be...e the trial court s summary finding of untimeliness and remand for consideration of the merits
of the defendant s motion for post-conviction relief.
180-CITE: 550 So.2d 42 Nick J. SUTMAIER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Nick Sutmaier timely appeals the summary denial of his motion for
postconviction...all have thirty days subsequent to the entry of the new order to again seek
appellate review. SCHEB, A.C.J., and SCHOONOVER and FRANK, JJ., concur.
181-CITE: 460 So.2d 579 Peter G. WAHL, Appellant, v. STATE of Florida, Appellee.
TEXT: GRIMES, Judge. This is an appeal from the denial of a motion for post-conviction relief. As
... relief. The other grounds of appellant s motion have no merit. Therefore, the order of denial
is affirmed. RYDER, C.J., and CAMPBELL, J., concur.
182-CITE: 636 So.2d 549 Roy Felix DUENAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Roy Felix Duenas appeals the summary denial of his motion for postconviction
rel...ecision was affirmed by this court. Duenas v. State, 605 So.2d 77 (Fla. 2d DCA 1992).
Affirmed. RYDER, A.C.J., and PARKER and FULMER, JJ., concur.
183-CITE: 466 So.2d 1086 William HOVEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. William Hovey appeals the trial judge s order denying his motion for post
convic...ports the ruling of the trial court and therefore we affirm appellant s judgment and
sentence. ANSTEAD, C.J., and GLICKSTEIN and DELL, JJ., concur.
184-CITE: 533 So.2d 322 Jack R. KIRSHNER, Appellant, v. STATE of Florida, et al., Appellees.
TEXT: ORFINGER, Judge. The trial court erred in summarily denying the indigent appellant s motion
... Except as to the issue of costs, the judgment denying relief is otherwise affirmed. Costs
VACATED; REMANDED. SHARP, C.J., and COWART, J., concur.
185-CITE: 693 So.2d 626 Johnnie GRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Johnnie Gray, seeks review of the summary denial of his
postconvictio... State, 668 So.2d 1107 (Fla. 2d DCA 1996). Affirmed in part, reversed in part, and
remanded. CAMPBELL, A. C. J., and BLUE and QUINCE, JJ., concur.
186-CITE: 503 So.2d 979 Eddie Joe SEAGO, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. Seago appeals from the summary denial of his motion for post-conviction
relief...d 921 (Fla. 4th DCA 1986); Hoggart v. Wainwright, 490 So.2d 129 (Fla. 1st DCA 1986).
Reversed and remanded. BOOTH, C.J., and THOMPSON, J., concur.
187-CITE: 641 So.2d 192 John BRYANT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. John Bryant appeals from an order denying his motion for postconviction relief.
... he must file a timely notice of appeal to obtain further appellate review. Reversed and
remanded. FRANK, C.J., and RYDER and DANAHY, JJ., concur.
188-CITE: 721 So.2d 355 Keith MASON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court regarded Keith Mason s postconviction motion as one seeking
miti... trial court dismissing Mason s motion with directions to enter an order denying it.
THREADGILL, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
189-CITE: 505 So.2d 649 Herbert Lee HATHCOCK, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We withdraw our opinion of February 18, 1987 and
substi...without prejudice to appellant to refile the motion in accordance with Rule 3.850 as
amended. AFFIRMED. ANSTEAD, GLICKSTEIN and DELL, JJ., concur.
190-CITE: 680 So.2d 561 Charlie Joe SIMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of a final order summarily denying, as an abuse of
proces...ther respects, the order is affirmed. AFFIRMED IN PART; REVERSED IN PART; and REMANDED,
with directions. MINER, WEBSTER and LAWRENCE, JJ., concur.
191-CITE: 434 So.2d 350 Roosevelt AUSTIN a k a Scott Albert, Appellant, v. The STATE of Florida,
Appellee.
TEXT: PER CURIAM. Because the appellant s motion for post-conviction relief raised one or more
gro...uct an evidentiary hearing in accordance with Florida Rule of Criminal *351 Procedure 3.850
and Walker v. State, 432 So.2d 727 (Fla. 3d DCA) (1983).
192-CITE: 661 So.2d 72 William M. CLARK, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal from an order denying William M. Clark s motion for
postconvic...ion relief on grounds two through five. Affirmed in part; reversed in part and
remanded. THREADGILL., A.C.J., and FULMER and WHATLEY, JJ., concur.
193-CITE: 732 So.2d 1209 Verne L. DAVIS, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. Verne L. Davis petitions this court for habeas corpus relief, arguing that his
t... to Davis right to seek relief through the filing of an appropriate post-conviction motion in
the trial court. JOANOS, ALLEN and KAHN, JJ., concur.
194-CITE: 738 So.2d 446 Merrick MAGNUS, Appellant, v. STATE of Florida, Appellee.
TEXT: KLEIN, J. Appellant, who was incarcerated in Dade county, filed a petition for writ of
habea...ministrative relief if appropriate, or habeas relief in the circuit court of the county in
which he is incarcerated. STONE and TAYLOR, JJ., concur.
195-CITE: 626 So.2d 1094 Ronald D. ATKINSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was tried and adjudicated guilty of sale or delivery of cocaine. The
t...we AFFIRM the order denying the motion to correct sentence, and we DENY the petition for writ of
mandamus. SMITH, MICKLE and LAWRENCE, JJ., concur.
196-CITE: 570 So.2d 1094 Martha V. D ANGELO, Appellant, v. Joseph V. D ANGELO, Appellee.
TEXT: WALDEN, Judge. The former wife appeals from a post dissolution denial of her motion for
cont...er he was willfully disobeyed a court order. See, Bowen v. Bowen, 471 So.2d 1274 (Fla.1985.)
REVERSED and REMANDED. DOWNEY and LETTS, JJ., concur.
197-CITE: 471 So.2d 661 Frank Lee ANDERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: BARFIELD, Judge. Frank Lee Anderson appeals the trial court s summary denial of his motion
f...on relief. Frazier v. State, 447 So.2d 959 (Fla. 1st DCA 1984); Remp v. State, 248 So.2d 677
(Fla. 1st DCA 1970). BOOTH and WIGGINTON, JJ., concur.
198-CITE: 577 So.2d 724 Emerson PINKNEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant Emerson Pinkney appeals the summary denial of his motion for
postconvi...gain denies the motion, the defendant has thirty days in which to appeal. Reversed and
remanded. RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.
199-CITE: 639 So.2d 195 Jeffrey Lynn HILL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Jeffrey Lynn Hill appeals the summary denial of his motion for postconviction
re...e counsel in a petition for writ of habeas corpus. Reversed in part and affirmed in part.
DANAHY, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
200-CITE: 480 So.2d 235 Anthony J. COOPER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court s summary denial of appellant s Motion for Correction of
Sentenc... not in the future assert this ground in a motion for post-conviction relief under
Fla.R.Crim.P. 3.850. THOMPSON, ZEHMER and BARFIELD, JJ., concur.
201-CITE: 680 So.2d 545 Ronald E. SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of a final order summarily denying his motion seeking
pos...l other respects, the order is affirmed. AFFIRMED IN PART; REVERSED IN PART; and REMANDED,
with directions. MINER, ALLEN and WEBSTER, JJ., concur.
202-CITE: 555 So.2d 452 Donald Alton SMOTHERS, Appellant, v. STATE of Florida, Appellee.
TEXT: DANIEL, Chief Judge. The trial court denied defendant s motion for post-conviction relief
wi...ction relief is reversed and the case is remanded for further proceedings consistent herewith.
REVERSED and REMANDED. COBB and SHARP, JJ., concur.
203-CITE: 503 So.2d 449 Ralph Monroe HAIR, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In this appeal from the summary denial of his motion for postconviction relief,
...court from consideration of the issue. Affirmed. Rowe v. State, 496 So.2d 857 (Fla. 2d DCA 1986).
DANAHY, C.J., and CAMPBELL and HALL, JJ., concur.
204-CITE: 443 So.2d 496 Joseph L. HEATH, Appellant, v. STATE of Florida, Appellee.
TEXT: LEHAN, Judge. Appellant seeks review of the trial court s order summarily denying his
motion...1 So.2d 55 (Fla. 1st DCA 1982); Van Bever v. State, 405 So.2d 474 (Fla. 5th DCA 1981).
REVERSED AND REMANDED. OTT, C.J., and BOARDMAN, J., concur.
205-CITE: 700 So.2d 469 Ronald E. SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Ronald E. Smith appeals the summary denial of his amended motion for
post-convic... entitled to no relief, or shall hold an evidentiary hearing. REVERSED and REMANDED
for further proceedings. MINER, ALLEN and MICKLE, JJ., concur.
206-CITE: 507 So.2d 168 Troy Lee MILLS, Appellant, v. STATE of Florida, Appellee.
TEXT: WALDEN, Judge. This is an appeal from a denial of post conviction relief under Florida
Rules...s that appellant is entitled to no relief. Reversed and remanded for further proceedings
consistent herewith. HERSEY, C.J., and STONE, J., concur.
207-CITE: 741 So.2d 1265 Gary B. MAULTSBY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Gary Maultsby appeals an order denying his motion for postconviction relief
unde...al notice of the record of appellant s direct appeal, number 96-941, the court concludes that
postconviction relief was correctly denied. Affirmed.
208-CITE: 444 So.2d 83 Lewis MURRAY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Lewis Murray appeals the summary denial of his motion for postconviction relief
...urther review any aggrieved party must appeal the new ruling of the trial court. REVERSED.
SCHEB, A.C.J., and CAMPBELL and SCHOONVER, JJ., concur.
209-CITE: 634 So.2d 318 Raymond A. McMAHON, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.
TEXT: PER CURIAM. McMahon seeks review of an order dismissing his petition for writ of mandamus.
B... the order dismissing the petition, and to reinstate the order of August 27, 1992, granting
mandamus relief. MINER, KAHN and LAWRENCE, JJ., concur.
210-CITE: 657 So.2d 1242 Gregory Lee DAVIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Gregory Lee Davis appeals the summary denial of his motion to correct illegal
se...its order those portions of the record which refute Davis claim. Reversed and remanded.
RYDER, A.C.J., and SCHOONOVER and ALTENBERND, JJ., concur.
211-CITE: 644 So.2d 347 Levi RAHMING, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the order denying relief under rule 3.850 Florida Rules of Criminal
Pr...Criminal Procedure without prejudice to appellant to refile a timely, sworn motion for relief
under the rule. STONE, POLEN and FARMER, JJ., concur.
212-CITE: 657 So.2d 67 Rubin LONG, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Rubin Long appeals from an order denying his motion for postconviction relief.
A... s conviction and sentence in all other respects. AFFIRMED IN PART; REVERSED IN PART and
REMANDED. GUNTHER, C.J., and DELL and STONE, JJ., concur.
213-CITE: 620 So.2d 1137 Vincent Bernard CLARK, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Vincent B. Clark appeals an order denying his motion for post-conviction relief
...o.2d 850 (Fla.1984), is misplaced. Defendant s sentence is not like that imposed in Scott, and
even if it were, Scott was receded from in Rodriguez.
214-CITE: 695 So.2d 923 Anthony COLLINS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant appeals from the denial of his motion for post-conviction relief. For
... which was more severe than that permitted under the relevant sentencing guidelines.
Accordingly, we reverse and remand for an evidentiary hearing.
215-CITE: 636 So.2d 62 James Stacey CAUSEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. James Stacey Causey appeals the denial of his motion for postconviction relief.
...the record which address Causey s motion for postconviction relief. Reversed and remanded.
PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.
216-CITE: 694 So.2d 158 Alexis SALOMON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed, without prejudice to Appellant seeking the requested relief through a
...ef through a motion for post-conviction relief filed pursuant to Florida Rule of Criminal
Procedure 3.850. STONE, STEVENSON and GROSS, JJ., concur.
217-CITE: 650 So.2d 1130 Harry H. BROWN, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the trial court s denial of defendant s motion for postconviction
reli...lief. (FN1) See LaMarca v. State, 547 So.2d 350 (Fla. 3d DCA 1989). Affirmed. ------------
(FN1) Brown v. State, 643 So.2d 1091 (Fla. 3d DCA 1994).
218-CITE: 732 So.2d 515 Cornelius BRAYBOY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The order summarily denying postconviction relief is reversed. Since appellant
w...vely refute appellant s claims or, alternatively, for an evidentiary hearing. See Fla.R.Crim.P.
3.850(d). GUNTHER, WARNER and HAZOURI, JJ., concur.
219-CITE: 490 So.2d 1365 Frederick H. JOHNSON, Appellant, v. STATE of Florida, Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from an order denying post-conviction relief, which
relief...at 50. That was not done here, so we must reverse the order and remand for a hearing.
REVERSE and REMANDED. UPCHURCH, C.J., and SHARP, J., concur.
220-CITE: 658 So.2d 1204 Francisco GARCIA, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Francisco Garcia appeals from the summary denial of his motion to correct
illega...relief sought or for further proceedings. Affirmed in part, reversed in part and remanded.
PATTERSON, A.C.J., and FULMER and WHATLEY, JJ., concur.
221-CITE: 745 So.2d 524 Dale CROSS, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. The petition for writ of habeas corpus for a belated appeal is denied. This
disp...y and or that trial counsel was ineffective in providing *525 the advice which led to entry
of the plea. ERVIN, LAWRENCE and PADOVANO, JJ., concur.
222-CITE: 713 So.2d 1078 Thomas E. CRISS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Thomas Criss appeals the summary denial of his motion for postconviction relief
...or postconviction relief is affirmed. Affirmed in part; reversed in part and remanded.
PATTERSON, A.C.J., and ALTENBERND and WHATLEY, JJ., concur,
223-CITE: 693 So.2d 633 Kennis Lee SCHUMMER, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges the summary denial of his Florida Rule of Criminal
Proc...videntiary hearing or provide the necessary attachments refuting the claims as delineated in
rule 3.850(d). MINER, ALLEN and PADOVANO, JJ., concur.
224-CITE: 469 So.2d 917 Michael WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court did not err in summarily denying appellant s motion for
post-con...d for a rule 3.850 collateral attack. Jones v. State, 446 So.2d 1059, 1061-62 (Fla.1984).
Affirmed. RYDER, C.J., and LEHAN and FRANK, JJ., concur.
225-CITE: 733 So.2d 1085 David Ray WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We have for review a consolidated appeal from denials of both of appellant s
mot...reverse the summary denial of appellant s 3.800 motion and affirm the denial of appellant s
3.850 motion. MINER, WEBSTER and LAWRENCE, JJ., CONCUR.
226-CITE: 478 So.2d 461 Charles Edward BASS, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING SHIVERS, Judge. We grant the motion for rehearing, vacate the
prior... So.2d 1 (Fla.1983). The defendant Palmer originally raised the issue by way of direct
appeal in Palmer v. State, 416 So.2d 878 (Fla. 4th DCA 1982).
227-CITE: 732 So.2d 505 Paul McDONALD, Appellant, v. Cheryl McDONALD, n k a Cheryl Cranmer, Appellee.
TEXT: BAKER, MOSES, Jr., Associate Judge. Appellant, Paul McDonald, appeals a final order
granting...ppeal by appellant. Accordingly, we reverse in part and affirm in part. AFFIRMED IN PART
AND REVERSED IN PART. GUNTHER and STEVENSON, JJ., concur.
228-CITE: 674 So.2d 932 Christopher WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The trial court failed to attach to its order those parts of the record that
con...of portions of the record refuting his claim for relief or for an evidentiary hearing.
REVERSED and REMANDED. DELL, WARNER and GROSS, JJ., concur.
229-CITE: 693 So.2d 74 Tony PATTERSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Patterson appeals from denial of his motion to correct illegal sentence filed
pu...irst issue, the order should be supported by record attachments that conclusively refute
appellant s claim. MINER, ALLEN and PADOVANO, JJ., concur.
230-CITE: 490 So.2d 1379 Vernon L. MYERS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED on authority of Scott v. State, 464 So.2d 1171 (Fla.1985), without
prej... 1171 (Fla.1985), without prejudice to refile a properly sworn motion for post-conviction
relief. HERSHEY, C.J., and DOWNEY and LETTS, JJ., concur.
231-CITE: 698 So.2d 305 Jermaine CLARINGTON, Petitioner, v. The STATE of Florida, Respondent.
TEXT: PER CURIAM. The application for habeas corpus relief to afford a belated appeal from the
den...arington v. State, 636 So.2d 860 (Fla. 3d DCA 1994), review denied, 648 So.2d 721 (Fla.1994);
see Ancrum v. State, 681 So.2d 287 (Fla. 3d DCA 1996).
232-CITE: 636 So.2d 197 Anthony NEAL a k a Ward Neal, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Anthony Neal a k a Ward Neal appeals from an order denying his motion for
post-c...er an order vacating appellant s conviction of driving with a suspended license. REVERSED
and REMANDED. DELL, C.J., HERSEY and STONE, JJ., concur.
233-CITE: 491 So.2d 1242 James Terry RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: MILLS, Judge. James Terry Richardson was convicted and sentenced to life imprisonment for
th...3). Accordingly, the order of the trial court denying Richardson s motion for post-judgment
relief is affirmed. WIGGINTON and NIMMONS, JJ., concur.
234-CITE: 649 So.2d 333 Keith Edward KISER, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. The trial court s order summarily denying appellant s motion for
post-convicti...not be considered successive if it alleges ineffective assistance of counsel on
other grounds. REVERSED and REMANDED. MINER and WOLF, JJ., concur.
235-CITE: 747 So.2d 1072 David WOODS, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. David Woods appeals the summary denial of his motion for postconviction relief
u... the appellant is not entitled to relief, we reverse and remand the cause for an evidentiary
hearing. Fla.R.App.P. 9.140(i). Reversed and remanded.
236-CITE: 471 So.2d 130 Robert McCOY, a k a Jerry Canty, a k a Alberto Tarud, Appellant, v. The STATE of
Florida, Appellee.
TEXT: PER CURIAM. Appellant, pursuant to Fla.R.App.P. 9.140(g), having taken this appeal from the
...ears therefrom that appellant is entitled to no relief, the denial of his motion is affirmed.
DeFriest v. State, 448 So.2d 1157 (Fla. 1st DCA 1984).
237-CITE: 647 So.2d 996 Henry WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Henry Williams urges error in the trial court s denial of his Rule 3.850 motion
... and conclusions of law. See Thames v. State, 454 So.2d 1061 (Fla. 1st DCA 1984). REVERSED and
REMANDED. ALLEN, LAWRENCE, and BENTON, JJ., concur.
238-CITE: 755 So.2d 174 Roger Dale FLEEHEARTY, Jr,, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed without prejudice to appellant seeking relief, on his gain-time claim,
... not provided through those channels, then through petition for writ of mandamus filed in the
circuit court. GUNTHER, STONE and POLEN, JJ., concur.
239-CITE: 453 So.2d 1154 Jerome BRITT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of an order denying his Fla.R.Crim.P. 3.850 motion for
po...sible sentence, and is therefore not entitled to the relief requested. The order appealed is
affirmed. MILLS, WENTWORTH and BARFIELD, JJ., concur.
240-CITE: 568 So.2d 1003 Charles BRAXTON, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the denial of the appellant s motion for postconviction relief
because...t prejudice to the *1004 appellant s right to file a sufficient postconviction relief
motion. LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.
241-CITE: 453 So.2d 183 Horace POWELL, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Horace Powell, Jr., appeals the summary denial of his motion for postconviction
...further review any aggrieved party must appeal the new ruling of the trial court. REVERSED.
GRIMES, A.C.J., and SCHEB and SCHOONOVER, JJ., concur.
242-CITE: 673 So.2d 873 Detrich WILLIAMS, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. Williams appeals the denial of his motion to correct sentence filed pursuant
...Allen v. State, 664 So.2d 4, (Fla. 3d DCA 1995); Wood v. State, 655 So.2d 212 (Fla. 5th DCA
1995). AFFIRMED. JOANOS and VAN NORTWICK, JJ., concur.
243-CITE: 736 So.2d 1224 Lincoln GARCIA, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Lincoln Garcia appeals an order denying his motion under Florida Rule of
Crimina...ved prior to sentencing, and the cause remanded for further proceedings consistent
herewith. *1225 Affirmed in part, reversed in part, and remanded.
244-CITE: 585 So.2d 496 Oliver BELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Oliver Bell appeals the dismissal of his motion for postconviction relief filed
...ed by the trial court s subsequent action shall file a notice of appeal within thirty days.
DANAHY, A.C.J., and PARKER and ALTENBERND, JJ., concur.
245-CITE: 729 So.2d 983 Lance POWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, J. We affirm the order denying postconviction relief to appellant and we write only
...S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980), the trial court correctly refused to consider the
claim. Affirmed. FARMER and SHAHOOD, JJ., concur.
246-CITE: 450 So.2d 601 Walter DANIELS, a k a Henry Johnson, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We affirm the denial of defendant s motion for post-conviction relief for two
re...lief in compliance with Rule 3.850, Fla.R.Crim.P. Accordingly, the trial court s decision is
AFFIRMED. LETTS, GLICKSTEIN and HURLEY, JJ., concur.
247-CITE: 460 So.2d 503 MIAMI ELEVATOR CO. FLORIDA POWER CORPORATION and GAB Business Services, Inc.,
Appellants, v. Steve JONES, Rainflow of Tampa Bay & CNA Insurance Company of Florida, Appellees.
TEXT: ON MOTION FOR EMERGENCY RELIEF PER CURIAM. Claimant appellee has filed a motion seeking an
...court is denied without prejudice to claimant s right to renew the claim before the deputy
commissioner. MILLS, SHIVERS and WENTWORTH, JJ., concur.
248-CITE: 625 So.2d 104 Joseph RAINES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Joseph Raines appeals an order denying his motion for post conviction relief
pur...ly insufficient, we affirm with leave for Raines to file an amended motion, if he so desires.
AFFIRMED. ZEHMER, C.J., BOOTH and WOLF, JJ., concur.
249-CITE: 696 So.2d 1331 Nathaniel GREEN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Affirmed without prejudice to seek mandamus relief against the trial court for
r... appealable order denying appellant s 1992 motion for post-conviction relief. PARIENTE and
GROSS, JJ., concur. FARMER, J., concurs in result only.
250-CITE: 623 So.2d 1242 Calvin SMITH, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Calvin Smith appeals the denial of a motion to correct illegal sentence and an
u...e denial of relief without prejudice to appellant filing a motion pursuant to rule 3.850.
RYDER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
251-CITE: 582 So.2d 749 James THOMPSON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Chief Judge. Appellant defendant appeals the trial court s summary denial of his
mo... reverse the trial court s denial of the second ground, and remand for further proceedings.
REVERSED and REMANDED. JOANOS and ZEHMER, JJ., concur.
252-CITE: 633 So.2d 579 Joseph H. KELLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. This is an appeal of an order summarily denying a motion for correction of
illeg...tion documents conclusively demonstrating that appellant is not entitled to relief.
REVERSED AND REMANDED. ANSTEAD, HERSEY and KLEIN, JJ., concur.
253-CITE: 744 So.2d 473 Timothy LINHART, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Timothy Linhart appeals the denial of his post-conviction motion in which he
cla...ts order those portions of the record that conclusively refute Linhart s allegations.
REVERSED AND REMANDED. STONE, KLEIN, and GROSS, JJ., concur.
254-CITE: 756 So.2d 217 Theron THOMAS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Theron Thomas appeals a trial court order summarily denying his
motion...her consideration on its merits by the newly assigned judge. REVERSED and REMANDED, with
directions. WARNER, C.J., FARMER and TAYLOR, JJ., concur.
255-CITE: 661 So.2d 133 Eddie BARTON, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR CLARIFICATION PER CURIAM. We affirm the trial court s order denying relief
as...f as to the five grounds appellant raised in his pro se motion for postconviction relief.
AFFIRMED. ERVIN, LAWRENCE and VAN NORTWICK, JJ., concur.
256-CITE: 624 So.2d 804 Robert C. RICHARDSON, Appellant, v. STATE of Florida, Appellee.
TEXT: ERVIN, Judge. Robert C. Richardson appeals a final order summarily denying the relief he
req...was the Florida Supreme Court. Richardson v. State, 437 So.2d 1091 (Fla.1983). AFFIRMED in
part and VACATED in part. JOANOS and WOLF, JJ., concur.
257-CITE: 510 So.2d 1230 Bruce D. ROGERS, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Judge. Appellant seeks review of the trial court s summary denial of his motion for
... all other respects, the order is affirmed. Reversed and remanded for proceedings consistent
with this opinion. WIGGINTON and ZEHMER, JJ., concur.
258-CITE: 676 So.2d 82 Calvin McCALL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Calvin McCall appeals the trial court s summary denial of his motion for
post-co... (Fla. 4th DCA 1994); Lewis v. State, 613 So.2d 115 (Fla. 4th DCA 1993). REVERSED AND
REMANDED. GUNTHER, C.J., and KLEIN and SHAHOOD, JJ., concur.
259-CITE: 700 So.2d 461 Charlie DORSEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. In Dorsey v. State, 664 So.2d 50 (Fla. 4th DCA 1995), we reversed the summary
de... The trial court is directed to render a signed, written order from which the appellant can
take an appeal. DELL, WARNER and PARIENTE, JJ., concur.
260-CITE: 748 So.2d 309 Colby McCOGGLE, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. We reverse the trial court s order summarily denying relief under rule 3.850.
Th...ttachments do not conclusively refute the sworn allegations of the motion for postconviction
relief. WARNER, C.J., GUNTHER and FARMER, JJ., concur.
261-CITE: 584 So.2d 100 John N. GOUDIE, and Constance Goudie, Appellants, v. B. GARCIA, as Trustee,
Appellee.
TEXT: PER CURIAM. John and Constance Goudie, defendants below, appeal an order denying their
motio... 837 n. 1 (Fla. 3d DCA 1990). If the court finds the defendants did not have notice, then
there must be a new final hearing. Reversed and remanded.
262-CITE: 581 So.2d 978 Moses BROWN, Petitioner, v. John E. ROBERTS, Circuit Judge, Respondent.
TEXT: PER CURIAM. Petitioner seeks a writ of mandamus of compel the trial court to rule on two
mot...nstructions to the trial court to enter a proper order pursuant to Rule 3.850. WRIT ISSUED.
SHIVERS, C.J., and WIGGINTON and NIMMONS, JJ., concur.
263-CITE: 675 So.2d 265 Alex M. IVANOVIC, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Alex Ivanovic, pro se, appeals the trial court s summary denial of his motion
fo... (Fla. 4th DCA 1994); Lewis v. State, 613 So.2d 115 (Fla. 4th DCA 1993). REVERSED AND
REMANDED. GUNTHER, C.J., and WARNER and FARMER, JJ., concur.
264-CITE: 673 So.2d 558 Keith Edward SUMMERLIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, an inmate in the state correctional system, seeks review of an order
...r take other appropriate action, as contemplated by rule 3.850(d). REVERSED and REMANDED, with
directions. MINER, WEBSTER and MICKLE, JJ., concur.
265-CITE: 490 So.2d 1067 Jorge VALDES, Appellant, v. PLANNED INVESTMENT ASSOCIATION, INC., Appellee.
TEXT: PER CURIAM. We reverse the Final Judgment for Injunctive Relief upon a holding that the
tria...realm of a nunc pro tunc order. ). The appeal of the final judgment for damages is
dismissed; the Final Judgment for Injunctive Relief is reversed.
266-CITE: 591 So.2d 685 Michael D. MARTIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Defendant Martin appeals the summary denial of his motion for post-conviction
re...ief. Taylor v. State, 583 So.2d 823 (Fla. 4th DCA 1991); Gentry v. State, 464 So.2d 659 (Fla.
4th DCA 1985). DOWNEY, DELL and GUNTHER, JJ., concur.
267-CITE: 683 So.2d 606 Octavio SANCHEZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Although the defendant has characterized his motion as a motion for relief from
...een made in previous postconviction motions did not present grounds for relief); *607 Sanchez v.
State, 666 So.2d 909 (Fla. 3d DCA 1996). AFFIRMED.
268-CITE: 467 So.2d 698 STATE of Florida ex rel. James T. RUSSELL, etc., Petitioner, v. Honorable Susan
SCHAEFFER, Circuit Judge, Sixth Judicial Circuit, et al., Respondents.
TEXT: Order on Suggestion for Writ of Prohibition McDONALD, Justice. The state has petitioned
for... a motion for post-conviction relief under rule 3.850. It is so ordered. BOYD, C.J., and
ADKINS, OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur.
269-CITE: 575 So.2d 1376 Julio C. MARTINEZ, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Julio C. Martinez appeals the summary denial of his motion for postconviction
re...f the trial court must file a notice of appeal within thirty days to obtain appellate review.
RYDER, A.C.J., and FRANK and ALTENBERND, JJ., concur.
270-CITE: 717 So.2d 161 Jose R. FLORES, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant, Jose R. Flores ( defendant ), challenges an order summarily denying
h...onviction ineffective assistance claim based on counsel s misrepresentations regarding
sentence). Reversed and remanded for an evidentiary hearing.
271-CITE: 631 So.2d 390 Johnny James JACKSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The lower court s order denying Jackson s motion for post-conviction relief is
a...edure. Poole v. State, 600 So.2d 573 (Fla. 1st DCA 1992); Daniels v. State, 450 So.2d 601 (Fla.
4th DCA 1984). SMITH, ALLEN and DAVIS, JJ., concur.
272-CITE: 462 So.2d 615 Robert Preston SWYERS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Robert Preston Swyers challenges the trial court s order summarily
den...motion for post-conviction relief, we affirm the trial court s summary denial. OTT, A.C.J.,
FRANK, J., and BOARDMAN, EDWARD F., (Ret.), J., concur.
273-CITE: 504 So.2d 57 Curtis L. HAMPTON, Appellant, v. STATE of Florida, Appellee.
TEXT: SHIVERS, Judge. The appellant in this case, Curtis L. Hampton, filed a motion for
post-convi...of appellant s 1985 motion for post-conviction relief and remand for further
proceedings consistent with Rule 3.850. SMITH and ZEHMER, JJ., concur.
274-CITE: 545 So.2d 444 Daniel PEREZ, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Daniel Perez, after pleading guilty, appeals from a sentence of seven years
ente...where the issue was not presented to the trial court), rev. denied, 444 So.2d 416 (Fla.1984).
Affirmed without prejudice to seek post-trial relief.
275-CITE: 710 So.2d 757 Donovan DALEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Donovan Daley appeals the order denying his post-conviction motion seeking a
bel...ey truthfully advised him that no appeal had been filed. Accordingly, we summarily deny
relief. AFFIRMED. GUNTHER, FARMER and TAYLOR, JJ., concur.
276-CITE: 740 So.2d 7 Yurdanur Yeralan RICE, Appellant, v. Albert S. JAMES, III and Robert Shuman James,
as Administrators and sole Heirs of the Estate of Albert S. James, Jr., Appellee.
TEXT: ALLEN, J. The appellant challenges an order by which the court refused to set aside a
judgme... the judgment should have been set aside. The appealed order is therefore reversed and the
case is remanded. WEBSTER and VAN NORTWICK, JJ., CONCUR.
277-CITE: 540 So.2d 260 Augustine JOSEPH, Appellant, v. STATE of Florida, Appellee.
TEXT: DANIEL, Judge. The defendant filed a motion for post-conviction relief pursuant to Rule
3.85...ry hearings on those grounds. In all other respects the order is affirmed. AFFIRMED in part
and REVERSED in part. DAUKSCH and COWART, JJ., concur.
278-CITE: 442 So.2d 1091 Johnnie LOFTON, Appellant, v. STATE of Florida, Appellee.
TEXT: OTT, Chief Judge. This appeal is from the summary denial of a motion seeking postconviction
... the appellant s motion as to the other points raised therein. AFFIRMED IN PART, REVERSED IN
PART, and REMANDED. BOARDMAN and DANAHY, JJ., concur.
279-CITE: 667 So.2d 501 Jerome WEARRY, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Although we conclude that appellant s motion for postconviction relief under
Flo...ckland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984); Pangburn
v. State, 661 So.2d 1182, 1190 (Fla.1995). Affirmed.
280-CITE: 610 So.2d 118 David WRIGHT, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. David Wright appeals a final order denying his rule 3.850 motion for
post-convic...7 (Fla.1981); Ragan v. Dugger, 544 So.2d 1052 (Fla. 1st DCA 1989). AFFIRMED IN PART
and VACATED IN PART. ZEHMER, BARFIELD, and MINER, JJ., concur.
281-CITE: 658 So.2d 558 Roy Nebraska SCOTT, Appellant, v. STATE of Florida, Appellee.
TEXT: MICKLE, Judge. Roy Nebraska Scott appeals from an order denying, as impermissibly
successive...ssive, or, alternatively, for an evidentiary hearing on the claims raised in the
motion. REVERSED and REMANDED. WEBSTER and LAWRENCE, JJ., concur.
282-CITE: 571 So.2d 78 Vincent F. GALLO, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant Defendant Gallo ( Gallo ) appeals the trial court s dismissal of
Gallo...remand this case to the trial court for proceedings consistent with this opinion. REVERSED
AND REMANDED. ANSTEAD, GUNTHER and WARNER, JJ., concur.
283-CITE: 677 So.2d 879 Stephen James OAKLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Stephen James Oakley appeals an order of the trial court denying postconviction
...ng. FRANK, A.C.J., and ALTENBERND and QUINCE, JJ., Concur. ------------ (FN1) Brady v. Maryland,
373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
284-CITE: 467 So.2d 1117 Jack M. ORR, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant seeks review of the trial court s order summarily denying his motion
f...further review in this cause, either aggrieved party must appeal the new ruling of the trial
court. OTT, A.C.J, and CAMPBELL and HALL, JJ., concur.
285-CITE: 538 So.2d 514 The STATE of Florida, Appellant, v. Lornia MORRIS, Appellee.
TEXT: PER CURIAM. The state appeals an order under Rule 3.850, Florida Rules of Criminal
Procedure...t affidavit alleged possession of thirty-six pounds of marijuana in appellee s luggage,
searched pursuant to consent at Miami International Airport.
286-CITE: 662 So.2d 767 Clyde MARTIN, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Clyde Martin appeals the denial of his motion for relief pursuant to Florida
Rul...to this issue, or attach portions of the record that show appellant is not entitled to relief.
REVERSED. GLICKSTEIN, POLEN and KLEIN, JJ., concur.
287-CITE: 708 So.2d 1017 Paul DICOSIMO, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. Paul Dicosimo appeals an order denying his motion for postconviction relief
unde...ely that the appellant is entitled to no relief, the order is reversed and the cause remanded
for an evidentiary hearing. See Fla.R.App.P. 9.140(i).
288-CITE: 643 So.2d 131 Mario MARTINEZ, Appellant, v. Dianne GREENE, Guardian ad litem, on Behalf of
N.M. and M.M., minor children, Appellee.
TEXT: PER CURIAM. Mario Martinez appeals an order granting relief from judgment pursuant to
Florid...-------- (FN*) We need not reach, and express no view on, appellee s argument that
appellant has no parental rights with respect to the older child.
289-CITE: 732 So.2d 1214 Sean Parrish WRIGHT, Appellant, v. The STATE of Flor