STEVEN S. TOLE v. STATE OF FLORIDA

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STEVEN S. TOLE, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-3645 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed April 4, 2007. An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge. Steven S. Tole, pro se, Appellant. Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant challenges the trial court s summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the appellant s first claim without further discussion. Because the appellant s second claim is facially sufficient, and because the trial court failed to attach portions of the record which conclusively refute the appellant s claim, we reverse and remand to the trial court to attach portions of the record which conclusively refute the appellant s claim, to hold an evidentiary hearing, or to grant the relief requested. See State v. Leroux, 689 So. 2d 235 (Fla. 1996); Rackley v. State, 571 So. 2d 533, 535 (Fla. 1st DCA 1990). REVERSED AND REMANDED. BARFIELD, KAHN, and PADOVANO, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.