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Calloway v. State

District Court of Appeal of Florida, Second District
May 25, 2001
786 So. 2d 1195 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D01-385.

May 25, 2001.

Appeal from the Circuit Court, Polk County, Steven L. Selph, Acting Circuit Judge.


Mary Louise Calloway filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied Calloway relief because she was no longer in custody on these charges. We reverse the trial court because a defendant no longer needs to be in custody to meet the requirements of rule 3.850. See Wood v. State, 750 So.2d 592 (Fla. 1999).

Accordingly, we reverse and remand for further proceedings. On remand, if the trial court should again summarily deny Calloway's motion, it must attach those portions of the record that conclusively refute her claims. By this opinion, we make no comment as to whether Calloway is entitled to relief under rule 3.850.

Reversed and remanded for further proceedings.

PARKER and CASANUEVA, JJ., Concur.


Summaries of

Calloway v. State

District Court of Appeal of Florida, Second District
May 25, 2001
786 So. 2d 1195 (Fla. Dist. Ct. App. 2001)
Case details for

Calloway v. State

Case Details

Full title:Mary Louise CALLOWAY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 25, 2001

Citations

786 So. 2d 1195 (Fla. Dist. Ct. App. 2001)