Florida District Courts of Appeal, 2008

Oats v. State

Florida District Courts of Appeal · Decided August 8, 2008 · Evander, Palmer, Torpy

987 So. 2d 806; 2008 Fla. App. LEXIS 11875; 2008 WL 3154299 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Anaya v. Anaya (Fla. Dist. Ct. App. 2008)

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 of the Court

PER CURIAM.

Oats appeals the summary denial of his Rule 3.8501 motion for post-conviction relief. Among his several claims, Oats alleged that in Case No. 06-326 he pled to a sale of cocaine offense, but the judgment reflects a conviction for sale of cocaine within 1,000 feet of a place of worship. There were no attachments to the trial court’s order refuting this allegation.

On remand, the trial court shall either attach documents which refute the claim or correct the judgment. Valentine v. State, 873 So.2d 608 (Fla. 5th DCA 2004). The trial court’s order is otherwise affirmed.

AFFIRMED, in part; REVERSED, in part; REMANDED.

PALMER, C. J., TORPY and EVANDER, JJ., concur.

. Fla. R.Crim. P. 3.850.

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