THIS MATTER came before the Court on Defendant’s Motion for Postconviction Relief filed on May 25, 2017, pursuant to Florida Rule of Criminal Procedure 3.850.
It is hereby ORDERED that the Office of the State Attorney shall file a Response to Defendant’s Motion within 60 days from the date of this Order, which shall either contain matters of law or of record showing that Defendant is not entitled to relief or otherwise framing the issue DONE AND ORDERED in Chambers at Orlando.
Things are finally moving along, The state has to respond. It is my prayer that an evidentiary hearing will be held.
After a motion is filed, along with a defendant’s signed oath as to the factual merits raised in such motion, the trial court analyzes the motion to determine whether the claims are legally sufficient. If the claims are legally sufficient, the court will often require that the State respond in writing within a certain period of time. After the State’s response, the Court will either enter a final order dismissing the claims as insufficient, or will order an evidentiary hearing.