Florida District Courts of Appeal, 2005

Stewart v. State

Stewart v. State
Florida District Courts of Appeal · Decided May 27, 2005 · Browning, Davis, Wolf
902 So. 2d 879; 2005 Fla. App. LEXIS 8010; 2005 WL 1249066 (Southern Reporter, Second Series)

Stewart v. State

Opinion of the Court

BROWNING, J.

Reversal is required in this appeal from the summary denial of Appellant’s postcon-viction motion for relief under Florida Rule of Criminal Procedure 3.850, because *880the trial court failed to attach portions of the record that refute Appellant’s claims. See, e.g., Johnson v. State, 840 So.2d 369 (Fla. 1st DCA 2003). Although the trial court found that any error was harmless, this Court will not presume harmlessness. See Banks v. State, 673 So.2d 937 (Fla. 1st DCA 1996). On remand, the trial court is directed to attach the portions which refute the claims. In the alternative, the trial court may hold an evidentiary hearing on Appellant’s claims.

REVERSED AND REMANDED.

WOLF, C.J.; and DAVIS, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.