Legal Opinion

Puente v. State

District Court of Appeal of Florida

Decided March 6, 2015No. 2D14-3408Published

1Opinion of the Court

KHOUZAM, Judge.

Abel Puente appeals the postconviction court’s order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.850. In denying his motion, the postconviction court adopted the State’s response in its entirety without making any independent findings. We affirm as to all grounds. But we write to note that the practice of adopting and' incorporating the State’s response — although permissible under the rules — is discouraged. See, e.g., Lawrenson v. State, 143 So.3d 1048, 1048 n. 1 (Fla. 2d DCA 2014); Roberts v. State, 113 So.3d 868, 869 n. 1 (Fla. 2d DCA…

2Cases cited3 opinions

  1. Barnes v. StateDistrict Court of Appeal of Florida · 2010
  2. Roberts v. StateDistrict Court of Appeal of Florida · 2012
  3. Lawrenson v. StateDistrict Court of Appeal of Florida · 2014

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