Thompson v. State
District Court of Appeal of Florida
1Per curiam
We reverse and remand the trial court’s order summarily denying appellant’s timely rule 3.850 motion. The trial court summarily denied the motion without explanation, without ordering a state response, and with no record attachments. It is well-settled that this is error. Campbell v. State, 155 So.3d 1252 (Fla. 4th DCA 2015); Holley v. State, 67 So.3d 443 (Fla. 4th DCA 2011); Simon v. State, 997 So.2d 490, 492 (Fla. 4th DCA 2008); Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007). “To support summary denial without a hearing, a trial…
2Cases cited7 opinions
- Anderson v. StateSupreme Court of Florida · 1993
- Dieudonne v. StateDistrict Court of Appeal of Florida · 2007
- Terry v. StateDistrict Court of Appeal of Florida · 2007
- Simon v. StateDistrict Court of Appeal of Florida · 2008
- Holley v. StateDistrict Court of Appeal of Florida · 2011
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3Cited by1 opinion
- DOUGLAS EDDIE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018