From Casetext: Smarter Legal Research

Ahedo v. State

District Court of Appeal of Florida, Second District
Jul 29, 1992
603 So. 2d 80 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-02316.

July 29, 1992.

Appeal from the Circuit Court, Hillsborough County, Edward H. Ward, J.


Joseph Ahedo appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

Appellant challenges only his two concurrent three-year minimum mandatories for possessing a firearm in the commission of two armed robberies with a firearm. He alleged in his motion that it was his codefendant who possessed the firearm and therefore he should not have received the minimum mandatories. See Bell v. State, 589 So.2d 1374 (Fla. 1st DCA 1991); Watson v. State, 525 So.2d 1034 (Fla.2d DCA 1988). The trial court denied the motion without attaching the plea or sentencing transcript. The judgments and sentences attached to the order do not refute appellant's allegations.

Accordingly, we reverse the order of denial and remand for further proceedings. On remand, if the trial court should again deny the motion, it must attach those portions of the files or records conclusively refuting appellant's allegations. If the records and files do not refute the allegations, it may be necessary for the trial court to conduct an evidentiary hearing. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain further appellate review.

Reversed and remanded.

RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.


Summaries of

Ahedo v. State

District Court of Appeal of Florida, Second District
Jul 29, 1992
603 So. 2d 80 (Fla. Dist. Ct. App. 1992)
Case details for

Ahedo v. State

Case Details

Full title:JOSEPH ANTHONY AHEDO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 29, 1992

Citations

603 So. 2d 80 (Fla. Dist. Ct. App. 1992)

Citing Cases

Poiteer v. State

The district court concluded that Bell's assertion, if true, constituted fundamental error. This court has…

Brown v. State

The reference in Poiteer to correcting an "unlawful" sentence at any time, is clearly just an inadvertent…