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Vandervlist v. State

District Court of Appeal of Florida, Second District
Aug 10, 1994
640 So. 2d 1227 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-01950.

August 10, 1994.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Edward H. Ward, Judge.


Steven Vandervlist appeals the denial of his motion for postconviction relief sought pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

The trial court never reached the merits of Vandervlist's motion, finding instead that the motion was untimely filed more than two years after the judgment and sentence became final. However, the trial court failed to support its finding by attaching a copy of the judgment and sentence to its order. Accordingly, we reverse and remand. The trial court may either deny the motion and attach documentation which demonstrates that Vandervlist is not entitled to relief or conduct further proceedings.

Reversed and remanded.

CAMPBELL, A.C.J., and SCHOONOVER and FULMER, JJ., concur.


Summaries of

Vandervlist v. State

District Court of Appeal of Florida, Second District
Aug 10, 1994
640 So. 2d 1227 (Fla. Dist. Ct. App. 1994)
Case details for

Vandervlist v. State

Case Details

Full title:STEVEN VANDERVLIST, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 10, 1994

Citations

640 So. 2d 1227 (Fla. Dist. Ct. App. 1994)