05-2936 LOPEZ V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-2936 LOPEZ V. STATE

Case Date: 12/13/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

RAYMOND LOPEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 99-6743 CASE NO. 3D05-2936

Opinion filed December 13, 2006. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, Henry Leyte-Vidal, Judge. Raymond Lopez, in proper person. Charles J. Crist, Sands, for appellee. Jr., Attorney General, and Fredericka

Before RAMIREZ, WELLS, and LAGOA, JJ. PER CURIAM. Raymond Lopez appeals from a summary denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse, finding that the motion

was

timely

filed

and

the

trial

court

failed

to

attach

the

necessary documents to its order in support of its determination that the motion for post conviction relief was successive. The trial court based its summary denial on the grounds that the motion was untimely and successive. and sentence became final on March 14, 2003. filed on December 27, 2004. filed. As to the successive nature of the motion, the trial court failed to attach the previous motion for post conviction relief or order to its order in which it summarily denied the motion. Pursuant to Florida Rule of Criminal Procedure 3.850(d), a Lopez's judgment The motion was

Thus, the motion was not untimely

summary denial is permitted only if the motion filed and records in the case conclusively show the movant is entitled to no

relief.

We thus remand this cause to the trial court so that it

can attach the necessary documents to its summary denial order to establish that the motion is successive, or to take other appropriate action on the merits. So. 2d 281 (Fla. 5th DCA 2006). Reversed and remanded. See Callwood v. State, 931

2

Download 05-2936 LOPEZ V. STATE.pdf