Warren v. State

We affirm the orders denying Appellant’s motion for postconviction relief under Florida Rule of Criminal Procedure *3673.850 without discussion. Nevertheless, we write to remind the State that briefing is required in appeals from non-summary denials (i.e., denials after evidentiary hearing) of rule 3.850 motions, and that Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986), does not operate in such cases to give the State another opportunity to be heard when it fails to file a brief.

In the instant ease, the State filed a “Notice that State Will Not File Answer Brief’ which we quote in full:

This is…