Walkes v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2009 MICHAEL WALKES, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-4305 [June 3, 2009] PER CURIAM. Michael Walkes filed a rule 3.850 motion seeking postconviction relief. The trial judge denied the motion without ordering a response from the state or attaching records to refute the claims. The court also did not state any reason for the denial in its order. As a result, we must reverse and remand for further review of the motion. See, e.g., Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007) (citing Smith v. State, 956 So.2d 1266, 1267 (Fla. 4th DCA 2007)); see also Fla. R. Crim. P. 3.850(d); Hayes v. State, 958 So.2d 571 (Fla. 4th DCA 2007); Dieudonne v. State, 958 So.2d 516 (Fla. 4th DCA 2007). Reversed and remanded. GROSS, C.J., WARNER and MAY, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Andrew L. Siegel, Judge; L.T. Case Nos. 95-8349CF10A 95-10199CF10A. Michael Walkes, Indiantown, pro se. Bill McCollum, Attorney General, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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