Parker v. State, 700 So. 2d 390 (Fla. 1st DCA 1997). · Go Syfert
Parker v. State, 700 So. 2d 390 (Fla. 1st DCA 1997). Cases Citing This Book View Copy Cite
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Strongest positive: Parker v. State (fladistctapp, 2000-09-06)
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cited Cited "see" Parker v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Parker v. State, 700 So.2d 390 (Fla. 1st DCA 1997).
Retrieving the full opinion text from the archive…
Darryl PARKER
v.
STATE of Florida
No. 97-1039.
District Court of Appeal of Florida, First District.
Jul 29, 1997.
700 So. 2d 390
1997 Fla. App. LEXIS 8604
1997 WL 423081
Appellant, pro se., No appearance for Appellee.
Allen, Mickle, Miner.
Cited by 1 opinion  |  Published
PER CURIAM.

The appellant challenges the order by which the trial court summarily denied his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. The motion set forth a claim for relief under Ashley v. State, 614 So.2d 486 (Fla.1993), and State v. Wilson, 658 So.2d 521 (Fla.1995), but the trial court denied the motion as successive. No prior motion under rule 3.850 and no order in response to any such motion was attached to the order under review, and the appellant’s motion did not acknowledge that he had filed an earlier motion under rule 3.850. Without such attachments or admissions, the appellant’s claim was not conclusively refuted. The order is therefore reversed and this case is remanded to the trial court. Upon remand, the trial court should hold an evidentiary hearing or attach to its order of denial the portions of the record showing conclusively that the appellant is not entitled to relief. See Fla. R.Crim. P. 3.850(d).

MINER, ALLEN and MICKLE, JJ., concur.