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Simmons v. State

District Court of Appeal of Florida, Second District.
Sep 15, 2017
226 So. 3d 362 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D16-3871.

09-15-2017

Ryan J. SIMMONS, Appellant, v. STATE of Florida, Appellee.

Ryan J. Simmons, pro se.


Ryan J. Simmons, pro se.

Ryan J. Simmons, pro se, appeals the postconviction court's order summarily denying his motion for return of property. See Fla. R. App. P. 9.141(b)(2) ; Bolden v. State, 875 So.2d 780, 782 n.3 (Fla. 2d DCA 2004). The postconviction court denied the motion as untimely but failed to attach the judgment and sentence. We reverse and remand for the postconviction court to attach portions of the record that conclusively refute Mr. Simmons' claim or hold an evidentiary hearing on the matter. See Almeda v. State, 959 So.2d 806, 809 (Fla. 2d DCA 2007) ("[I]f the circuit court deemed the motion's allegations to be facially sufficient, the circuit court should have either attached portions of the record that conclusively refuted Mr. Almeda's claim or held an evidentiary hearing."); Stevens v. State, 929 So.2d 1197, 1197 (Fla. 2d DCA 2006).

Reversed and remanded with instructions.

MORRIS and SALARIO, JJ., Concur.


Summaries of

Simmons v. State

District Court of Appeal of Florida, Second District.
Sep 15, 2017
226 So. 3d 362 (Fla. Dist. Ct. App. 2017)
Case details for

Simmons v. State

Case Details

Full title:Ryan J. SIMMONS, Appellant, v. STATE of Florida, Appellee.

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

Date published: Sep 15, 2017

Citations

226 So. 3d 362 (Fla. Dist. Ct. App. 2017)