Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the County Court for Orange County.
Adam McGinnis, Judge.
May 8, 2026
PER CURIAM.
Cook appeals the summary denial of his “Amended Second/Successive 3850Motion Based on New Grounds, Facts, Merits” (the “Motion”). The trial court’sorder states that the Motion is denied. The order does not, however, discuss theallegations in the Motion, explain the reasons for the denial, or have any portion ofthe case files and records attached. Therefore, we reverse and remand. See Fla. R.App. P. 9.141(b)(2)(D) (“On appeal from the denial of relief, unless the record shows
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2conclusively that the appellant is entitled to no relief, the order must be reversed andthe cause remanded for an evidentiary hearing or other appropriate relief.”); see alsoFla. R. Crim. P. 3.850(h)(1)–(5) (establishing mandatory procedures for summarilydenying a motion); Fla. R. Crim. P. 3.850(j)(2) (establishing mandatory proceduresfor dismissing or denying a second or successive motion). On remand, the trial courtshall either enter an order summarily denying or dismissing the Motion inaccordance with rule 3.850(h)(1)–(5), (j)(2), or proceed in accordance with the otherprovisions of rule 3.850.REVERSED and REMANDED with instructions.NARDELLA, WHITE and MIZE, JJ., concur.Armand Cook, Taylor, Michigan, pro se.James Uthmeier, Attorney General, Tallahassee, and Roberts J. Bradford, Jr.,Assistant Attorney General, Daytona Beach, for Appellee.NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARINGAND DISPOSITION THEREOF IF TIMELY FILED
Opinion text and original PDF from Florida Sixth District Court of Appeal · Source opinion