From Casetext: Smarter Legal Research

Callwood v. State

District Court of Appeal of Florida, Fifth District
Jun 23, 2006
931 So. 2d 281 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D06-411.

June 23, 2006.

3.850 Appeal from the Circuit Court for Volusia County, William A. Parsons, Judge.

Shorn K. Callwood, Jasper, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.


Callwood appeals from a summary denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court based its summary denial on the ground that the motion is successive, after reviewing a prior motion for post conviction relief filed on September 14, 2004, and the order denying it dated November 24, 2004. However, the trial court failed to attach the previous motion or order. Pursuant to Florida Rule of Criminal Procedure 3.850(d), a summary denial is permitted only if the motion, files and records in the case conclusively show the movant is entitled to no relief. Accordingly, we remand this cause to the trial court so that it can attach the necessary documents to establish the motion is successive, or to take other appropriate action on the merits.

REVERSED and REMANDED.

GRIFFIN and LAWSON, JJ., concur.


Summaries of

Callwood v. State

District Court of Appeal of Florida, Fifth District
Jun 23, 2006
931 So. 2d 281 (Fla. Dist. Ct. App. 2006)
Case details for

Callwood v. State

Case Details

Full title:Shorn K. CALLWOOD, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 23, 2006

Citations

931 So. 2d 281 (Fla. Dist. Ct. App. 2006)

Citing Cases

Lopez v. State

Pursuant to Florida Rule of Criminal Procedure 3.850(d), a summary denial is permitted only if the motion…