Legal Opinion

Holley v. State

District Court of Appeal of Florida

Decided November 21, 2003No. 5D03-3038PublishedCited by 1 opinion

1Opinion of the Court

SHARP, W., J.

Holley asks this court to issue a writ of mandamus directing the circuit court to render a written order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The record indicates a written order was signed by the circuit court and filed in open court. However, the order fails to comply with Florida Rule of Criminal Procedure 3.850(g), which requires “[a]ll orders denying motions for post-conviction relief shall include a statement that the movant has the right to appeal within 30 days of the rendition of the order.”

The time for bringing a timely appeal…

2Cases cited6 opinions

  1. Wray v. StateDistrict Court of Appeal of Florida · 1997
  2. Vlacos v. StateDistrict Court of Appeal of Florida · 1999
  3. Stupelli v. DimitrouleasDistrict Court of Appeal of Florida · 1993
  4. Kelly v. StateDistrict Court of Appeal of Florida · 1999
  5. Lewis v. StateDistrict Court of Appeal of Florida · 1996

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Scott v. StateDistrict Court of Appeal of Florida · 2011

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