Legal Opinion

Baker v. State

District Court of Appeal of Florida

Decided September 21, 2016No. 2D16-593PublishedCited by 3 opinions

1Opinion of the Court

LUCAS, Judge.

George Baker appeals the postconviction court’s order striking as a nullity his pro se motion filed under Florida Rule of Criminal Procedure 3.850. Although Mr. Baker had appointed counsel at the time he filed his motion, we reverse the court’s order because Mr. Baker’s counsel had only been appointed to represent him for his revocation of probation proceeding.

In its order striking Mr. Baker’s motion, the postconviction court stated that on January 21, 2015, Mr. Baker pleaded guilty to grand theft and was sentenced to probation for two years. In July 2015, an amended affidavit of…

2Cases cited5 opinions

  1. Russo v. AkersSupreme Court of Florida · 1998
  2. Murray v. StateDistrict Court of Appeal of Florida · 2009
  3. Mann v. StateDistrict Court of Appeal of Florida · 2006
  4. Perry v. StateDistrict Court of Appeal of Florida · 2004
  5. Williams v. StateDistrict Court of Appeal of Florida · 2012

3Cited by3 opinions

  1. KEITH ERIC CHRISTIAN v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2022
  2. OMAR J. ROSS, SR. v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2023
  3. Simmons, Jr. v. State of FloridaDistrict Court of Appeal of Florida · 2026

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