State v. Schiano

The state appeals an order granting appel-lee, Sehiano’s motion for post-conviction relief filed under Florida Rule of Criminal Procedure 3.850. Schiano entered pleas on July 15, 1996. On August 26, 1996, he moved for post-conviction relief. Without holding a hearing on the motion or giving notice to the state, the trial court granted the motion on September 8, 1996, vacating the pleas, judgment and sentence and reinstating the not guilty plea.

Rule 3.850(d) does not permit the trial court to summarily grant a motion for post-conviction relief. Such a motion may be summarily denied if the…