Matyjasik v. State

Full title: Richard MATYJASIK, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 14, 2007

969 So. 2d 1142 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D07-3052.

November 14, 2007.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case Nos. 1996CF012489AXX 1996CF012550AXX.

Richard Matyjasik, Immokalee, pro se.

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Richard Matyjasik appeals from an order that summarily denied his motion pursuant to rule 3.800(a), Fla.R.Crim.P. (2007). The circuit court did not find that appellant's claim was facially insufficient, nor did it attach records which conclusively refuted the claim. See Sheffield v. State, 903 So.2d 1009, 1011 (Fla. 4th DCA 2005) citing ( Anderson v. State, 627 So.2d 1170 (Fla. 1993)). We therefore reverse and remand for further proceedings.

SHAHOOD, C.J., FARMER and MAY, JJ., concur.