Burnett v. State
Cases that cite this one
3 later published cases cite this decision.
- Delgado-Ros v. Florida Department of Corrections (United States District Court for the Southern District of Florida 2022)
- Gatlin v. State (Fla. Dist. Ct. App. 2009)
- Montague v. State (Fla. Dist. Ct. App. 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Jon Paul BURNETT, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
WALLACE, Judge.
Jon Paul Burnett challenges the postconviction court's order that denied his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. The postconviction court initially determined that the six claims of ineffective assistance of counsel alleged in Burnett's motion were facially sufficient and ordered the State to respond. The State filed a seventeen-page response that is replete with references to the record. However, the State's response contains no record attachments to support its detailed rebuttal of Burnett's claims. In its final order denying Burnett's motion, the postconviction court merely adopted and incorporated by reference the State's response and failed to append any record attachments to its order. Thus the order does not support the summary denial of Burnett's motion. See Loomis v. State, 691 So.2d 34, 35 (Fla. 2d DCA 1997); Flores v. State, 662 So.2d 1350, 1351-52 (Fla. 2d DCA 1995).
Accordingly, we reverse the postconviction court's order and remand for reconsideration of Burnett's motion. If the postconviction court again denies Burnett's motion, it must either attach to its order those portions of the record that conclusively refute his claims, or as to any claim or claims that are not conclusively refuted by the record, conduct an evidentiary hearing.
Reversed and remanded.
SALCINES and SILBERMAN, JJ., Concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.