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Lott v. State

District Court of Appeal of Florida, Second District
Feb 11, 2004
865 So. 2d 637 (Fla. Dist. Ct. App. 2004)

Summary

In Lott v. State, 865 So.2d 637 (Fla. 2d DCA 2004), we reversed an order entered on a rule 3.800(a) motion noting that the order was an insufficient "rubber stamp" order because it contained no explanation, attachments, or notice of the right to appeal, citing Suleiman v. State, 861 So.2d 1175 (Fla. 2d DCA 2003).

Summary of this case from Harris v. State

Opinion

Case No. 2D03-4057.

Opinion filed February 11, 2004.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County, Wayne L. Cobb, Judge.


Clarence Lott seeks review of the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court summarily denied his motion without any explanation or record attachments. It also failed to inform Lott of his right to appeal within thirty days. Accordingly, we reverse and remand for reconsideration of Lott's motion in accordance with our opinion in Suleiman v. State, 28 Fla. L. Weekly D2713 (Fla. 2d DCA Nov. 26, 2003). If the trial court again summarily denies the motion, it must set forth its rationale and attach any relevant portions of the record which support its denial.

Reversed and remanded.

SILBERMAN and WALLACE, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED


Summaries of

Lott v. State

District Court of Appeal of Florida, Second District
Feb 11, 2004
865 So. 2d 637 (Fla. Dist. Ct. App. 2004)

In Lott v. State, 865 So.2d 637 (Fla. 2d DCA 2004), we reversed an order entered on a rule 3.800(a) motion noting that the order was an insufficient "rubber stamp" order because it contained no explanation, attachments, or notice of the right to appeal, citing Suleiman v. State, 861 So.2d 1175 (Fla. 2d DCA 2003).

Summary of this case from Harris v. State
Case details for

Lott v. State

Case Details

Full title:CLARENCE LOTT, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 11, 2004

Citations

865 So. 2d 637 (Fla. Dist. Ct. App. 2004)

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