Joe Toler v. State Florida

We agree with the state's contention in its motion for rehearing that our opinion's direction to the trial court to conduct an evidentiary hearing should be modified, as in Price v. State, 487 So.2d 34 (Fla. 1st DCA 1986) (on Motion for Rehearing), so that, instead, the trial court is directed to conduct further proceedings in accordance with the provisions of Fla. R. Cr. P. 3.850, as amended in 1984. The 1984 amendment requires that, unless the motion and files and records of the case conclusively show that the prisoner is entitled to no relief, the trial court shall order the State Attorney to file an answer or other pleading within the period of time fixed by the court or to take such other action as the judge deems appropriate. Apparently, from the record before us, the trial court did not order the state attorney to file a responsive pleading.