Bratcher v. State
Bratcher v. State
Opinion of the Court
John Bratcher challenges an order denying his motion for transcripts of record to support his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part, reverse in part, and remand for further proceedings.
We reverse the order insofar as it purports to summarily deny Bratcher’s rule 3.850 motion. The circuit court attached no portions of the record to support its denial of the motion. Further, Bratcher’s motion went to two trial court cases. The fact that the motion may be successive in one case is not grounds for denying it in regard to the second case. On remand, if the circuit court again summarily denies the rule 3.850 motion, it shall attach portions of the record that conclusively refute Bratcher’s claims.
Affirmed in part, reversed in part, and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.