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Travieso v. State

District Court of Appeal of Florida, Fourth District
Aug 6, 2003
852 So. 2d 328 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 4D02-4326.

Opinion filed August 6, 2003.

Appeal of order striking rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Richard I. Wennet, Judge, L.T. Case Nos. 87-4614 CFA02 95-9808 CFA02.

Abel Travieso, Talledega, Alabama, pro se.

No appearance required for appellee.


Appellant seeks review of an order striking his motion for post conviction relief and motion for rehearing filed in connection with pleas he entered in 1987 and 1996 cases. Noting their exact similarity to some twenty-four motions filed by seven other defendants incarcerated at the same federal correctional institution, the trial court determined both motions were fraudulent and struck them. We find no authority under the Florida Rules of Criminal Procedure authorizing a court to strike a motion for post conviction relief as a sham pleading. We reverse for the reasons discussed in Mullins v. State, (4D02-4242) decided today by this Court. On remand, the trial court shall rule on the motions.

FARMER, C.J., WARNER, and POLEN, JJ., concur.


Summaries of

Travieso v. State

District Court of Appeal of Florida, Fourth District
Aug 6, 2003
852 So. 2d 328 (Fla. Dist. Ct. App. 2003)
Case details for

Travieso v. State

Case Details

Full title:ABEL TRAVIESO, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 6, 2003

Citations

852 So. 2d 328 (Fla. Dist. Ct. App. 2003)