Legal Opinion

Philip Leigh v. State of Florida

District Court of Appeal of Florida

Decided October 14, 2015No. 4D14-967PublishedCited by 1 opinion

1Per curiam

The defendant, Philip Leigh, appeals an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which followed an evidentiary hearing pursuant to this court’s decision in Leigh v. State, 58 So.3d 396 (Fla. 4th DCA 2011). We reverse because, as the state concedes, the trial court failed to make findings of fact and conclusions of law as required by Florida Rule of Criminal Procedure 3.850(f)(8)(A). Without these findings and conclusions, the appellate court is unable to properly review the trial court’s order. Tyrell v. State, 107 So.3d…

2Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hunter v. StateDistrict Court of Appeal of Florida · 2012
  3. Torres v. StateDistrict Court of Appeal of Florida · 2009
  4. Tyrell v. StateDistrict Court of Appeal of Florida · 2013
  5. Leigh v. StateDistrict Court of Appeal of Florida · 2011

3Cited by1 opinion

  1. White v. StateDistrict Court of Appeal of Florida · 2016

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API