Burton v. State

Full title: Richard BURTON, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Jul 18, 2012

92 So. 3d 305 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D10–5374.

2012-07-18

Richard BURTON, Appellant, v. STATE of Florida, Appellee.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos S. Rebollo, Judge; L.T. Case No. 07–12093CF10A. Richard Burton, Chipley, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos S. Rebollo, Judge; L.T. Case No. 07–12093CF10A.
Richard Burton, Chipley, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.

Richard Burton appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The order referenced a state's response. No response had been ordered or filed. We accept the state's concession and reverse the trial court's order. We remand for the trial court to consider Burton's motion in light of rule 3.850(d).

Reversed and remanded.

MAY, C.J., GROSS and DAMOORGIAN, JJ., concur.