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Benevento v. State

District Court of Appeal of Florida, Fourth District.
Jul 27, 2016
195 So. 3d 431 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D15–4656 No. 4D15–4657.

07-27-2016

Andrew BENEVENTO, Appellant, v. STATE of Florida, Appellee.

Farral A. Haber of Price Benowitz LLP, Washington, D.C., for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.


Farral A. Haber of Price Benowitz LLP, Washington, D.C., for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

On Concession of Error

PER CURIAM.

We reverse the trial court's order denying the defendant's Florida Rule of Criminal Procedure 3.850 motions for postconviction relief. We remand for further proceedings consistent with rule 3.850(f)(2).

The state's response to the motions in the trial court explained that because the motions lacked an oath and certification required by rules 3.850(c) and (n), dismissal without prejudice for the defendant to cure these defects would be appropriate pursuant to rule 3.850(f)(2).

The trial court entered an order adopting and incorporating the state's response, but then added that it was denying the motions “on the merits without further hearing.” The order provided no explanation for the denial or for not following the state's recommendation to follow rule 3.850(f)(2).

As the state concedes, the trial court should not have denied the facially insufficient motions “on the merits without further hearing.” We reverse the orders and remand for further proceedings consistent with rule 3.850(f)(2).

Reversed and remanded for further proceedings.

DAMOORGIAN, GERBER and CONNER, JJ., concur.


Summaries of

Benevento v. State

District Court of Appeal of Florida, Fourth District.
Jul 27, 2016
195 So. 3d 431 (Fla. Dist. Ct. App. 2016)
Case details for

Benevento v. State

Case Details

Full title:Andrew BENEVENTO, Appellant, v. STATE of Florida, Appellee.

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

Date published: Jul 27, 2016

Citations

195 So. 3d 431 (Fla. Dist. Ct. App. 2016)