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Hearn v. State

District Court of Appeal of Florida, Third District
May 27, 2009
11 So. 3d 449 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D08-222.

May 27, 2009.

An Appeal from the Circuit Court for Miami-Dade County, Israel Reyes, Judge.

Stephon Hearn, for appellant.

Bill McCollum, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellee.

Before COPE, WELLS, and SUAREZ, JJ.


This is an appeal of an order barring further pro se postconviction motions by defendant-appellant Stephon Hearn. To make a long story short, the trial court entered an order barring the defendant from further pro se postconviction filings without ever having actually issued an order to show cause to the defendant. See Jordan v. State, 760 So.2d 973, 974 (Fla. 2d DCA 2000). We therefore reverse the order now before us, but without prejudice to the trial court to issue a show cause order if the court chooses to do so.

Reversed.


Summaries of

Hearn v. State

District Court of Appeal of Florida, Third District
May 27, 2009
11 So. 3d 449 (Fla. Dist. Ct. App. 2009)
Case details for

Hearn v. State

Case Details

Full title:Stephon HEARN, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 27, 2009

Citations

11 So. 3d 449 (Fla. Dist. Ct. App. 2009)