Legal Opinion

Combs v. State

District Court of Appeal of Florida

Decided January 15, 1999No. 97-2747PublishedCited by 2 opinions

1Per curiam

The appellant challenges an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Under State v. Mancino, 714 So.2d 429 (Fla.1998), the supreme court requires that a motion filed pursuant to rule 3.800(a) must affirmatively allege that “the court records demonstrate on their face an entitlement to relief.” Id. at 433. Where the appellant’s motion “does not allege that the court’s record will demonstrate a clear entitlement to relief,” we must affirm. Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998). The appellant’s motion does not allege that the court’s…

2Cases cited2 opinions

  1. State v. MancinoSupreme Court of Florida · 1998
  2. Baker v. StateDistrict Court of Appeal of Florida · 1998

3Cited by2 opinions

  1. Crompton v. StateDistrict Court of Appeal of Florida · 1999
  2. Spivey v. StateDistrict Court of Appeal of Florida · 1999

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