Florida District Courts of Appeal, 2012

Burton v. State

Burton v. State
Florida District Courts of Appeal · Decided July 18, 2012 · Damoorgian, Gross
92 So. 3d 305; 2012 WL 2913217; 2012 Fla. App. LEXIS 11684 (Southern Reporter, Third Series)

Burton v. State

Opinion of the Court

PER CURIAM.

Richard Burton appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The order referenced a state’s response. No response had been ordered or filed. We accept the state’s concession and reverse the trial court’s order. We remand for the trial court to consider Burton’s motion in light of rule 3.850(d).

Reversed and remanded.

MAY, C.J., GROSS and DAMOORGIAN, JJ., concur. •

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