Dowda v. State, 417 So. 2d 1147 (Fla. 5th DCA 1982). · Go Syfert
Dowda v. State, 417 So. 2d 1147 (Fla. 5th DCA 1982). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Murray v. State (fladistctapp, 2009-02-11)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Murray v. State
Fla. Dist. Ct. App. · 2009 · signal: see · confidence high
See generally Dowda v. State, 417 So.2d 1147, 1147 (Fla. 5th DCA 1982) (holding that a circuit court was required to attach record evidence specifically showing that counsel was “appointed or retained to file and prosecute” a rule 3.850 motion before treating it as a nullity).
Retrieving the full opinion text from the archive…
Lewis DOWDA
v.
STATE of Florida
No. 82-906.
District Court of Appeal of Florida, Fifth District.
Aug 11, 1982.
417 So. 2d 1147
James Russo, Public Defender, and Norman D. Levin, Asst. Public Defender, Sanford, for appellant., No appearance for appellee.
Cowart, Orfinger, Sharp.
Cited by 2 opinions  |  Published
COWART, Judge.

The trial court declared appellant’s pro se 3.850 motion a nullity, stating that appellant cannot file a pleading when represented by counsel and citing Sheppard v. State, 391 So.2d 346 (Fla. 5th DCA 1980). The trouble is that the rule requires that such motions be given an evidentiary hearing unless the files and records conclusively show entitlement to no relief and, when so, that such files and records be attached to the order. There is nothing attached to the appealed order showing that appellant has counsel appointed or retained to file and prosecute his 3.850 motion. Appellant’s motion appears to raise the troublesome issue as to whether he received the proper amount of credit for jail time served before sentencing. See Meintzer v. State, 399 So.2d 133 (Fla. 5th DCA 1981). Accordingly we reverse and remand this cause for the trial court to either (1) enter another order attaching portions of court files and records showing either (a) that appellant has counsel to file and present his 3.850 motion or (b) that he received proper credit for all jail time served before sentencing, or (2) conduct an evidentiary hearing to determine one or both of those questions of fact.

REVERSED AND REMANDED.

ORFINGER, C. J., and SHARP, J., concur.