Legal Opinion

Jacobs v. State

District Court of Appeal of Florida

Decided February 22, 2012No. 4D10-793PublishedCited by 2 opinions

1Per curiam

Appellant argues that the postconviction court erred in denying his motion following an evidentiary hearing without making findings of fact and conclusions of law. The state concedes that remand is required. We agree and reverse and remand for the judge who presided over the evidentiary hearing to enter an order containing factual findings and legal conclusions. See Fla. R.Crim. P. 3.850(d); Dillbeck v. State, 882 So.2d 969, 973 (Fla.2004); Marshall v. State, 959 So.2d 1245 (Fla. 4th DCA 2007).

Reversed and, Remanded.

POLEN, GROSS and CONNER, JJ., concur.

2Cases cited2 opinions

  1. Dillbeck v. StateSupreme Court of Florida · 2004
  2. Marshall v. StateDistrict Court of Appeal of Florida · 2007

3Cited by2 opinions

  1. Tyrell v. StateDistrict Court of Appeal of Florida · 2013
  2. Floyd v. StateDistrict Court of Appeal of Florida · 2014