Baker v. State

Full title: BILLY O. BAKER, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fourth District

Date published: Oct 27, 2021

No. 4D21-1611 (Fla. Dist. Ct. App. Oct. 27, 2021)

Opinion

4D21-1611

10-27-2021

BILLY O. BAKER, Appellant, v. STATE OF FLORIDA, Appellee.

Billy O. Baker, Wewahitchka, pro se. Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam

Not final until disposition of timely filed motion for rehearing.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Judge; L.T. Case No. 432020CF000399A.

Billy O. Baker, Wewahitchka, pro se.

Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Assistant Attorney General, West Palm Beach, for appellee.

On Confession of Error

Per Curiam

We accept the State's confession of error in its response to this Court's order to show cause. The trial court erred in summarily denying the postconviction motion as insufficient. As the State concedes, Appellant's claim is facially sufficient. Accordingly, we reverse and remand for attachment of records conclusively refuting the claim or for an evidentiary hearing.

Reversed and remanded.

Conner, C.J., Damoorgian and Levine, JJ., concur.