Legal Opinion

Martin v. State

District Court of Appeal of Florida

Decided March 13, 2015No. 5D14-4640PublishedCited by 2 opinions

1Per curiam

Michael Martin appeals the trial court’s “Order Denying Severance Claim Set forth in the Motion for Post-Conviction Relief.” Although the trial court was correct on the merits, we reverse because the trial court lacked jurisdiction when it entered its order.

This Court earlier affirmed the denial of Martin’s rule 3.850 motion “except as it relate[d] to the severance claim raised in paragraph eight of the motion,” which the trial court failed to address. We remanded with instructions for the trial court to either attach portions of the record that refuted the allegations or set an evidentia-*383ry…

2Cases cited2 opinions

  1. Smith v. StateDistrict Court of Appeal of Florida · 2008
  2. Martin v. StateDistrict Court of Appeal of Florida · 2014

3Cited by2 opinions

  1. Dingey v. StateDistrict Court of Appeal of Florida · 2017
  2. Kandice Dingey v. StateDistrict Court of Appeal of Florida · 2017

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