08-0019 CANDYCE EILEEN ROBINSON v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-0019

Case Date: 06/30/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CANDYCE EILEEN ROBINSON, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed June 30, 2008. An appeal from the Circuit Court for Escambia County. Nickolas P. Geeker, Judge. Candyce Eileen Robinson, pro se, Appellant. Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D08-0019

PER CURIAM. Candyce Eileen Robinson appeals the summary denial of her motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as successive, but failed to find, and did not attach records showing, that the court had denied Ms. Robinson's previous 3.850 motion on the merits. On this record,

we cannot discern "whether the instant motion raised the same claims as before, and if so, whether it was denied on the merits, or whether the instant motion raised additional claims which could have been raised in the previous motion." Mitchell v. State, 699 So. 2d 810, 811 (Fla. 1st DCA 1997). Accordingly, we reverse and

remand for record attachments conclusively demonstrating appellant is entitled to no relief, or for further proceedings consistent with rule 3.850. See id.; Ranaldson v. State, 672 So. 2d 564, 565 (Fla. 1st DCA 1996); Stubbs v. State, No. 3D08-0981, 2008 WL 2261537 (Fla. 3d DCA June 4, 2008). Reversed and remanded. BROWNING, C.J., ALLEN, and BENTON, JJ., CONCUR.

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