PREZELL WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Summary Denial Of Motion cases and more on FLexlaw
[*1217] PER CURIAM.
Prezell Wilson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the motion is not artfully written, it appears Mr. Wilson alleges that his guilty plea was involuntarily given because his counsel told him that he would receive a five-year sentence when, in fact, he was sentenced to ten years’ imprisonment as a habitual felony offender. Mr. Wilson alleges he did not know that he had been sentenced as a habitual felony offender until he was in prison. If this allegation is true, then Mr. Wilson may be entitled to relief. See Wilson v. State, 559 So. 2d 733 (Fla. 2d DCA 1990); McLendon v. State, 502 So. 2d 101 (Fla. 2d DCA 1987). The trial judge, however, failed to attach to his order any portion of the files or record to refute Mr. Wilson’s allegation.
Accordingly, we reverse the order denying Mr. Wilson’s motion and remand the case to the trial court. On remand, unless the case files and records conclusively show that Mr. Wilson is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute Mr. Wilson’s allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review,
RYDER, A.C.J., and DANAHY and ALTENBERND, JJ., concur,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Tranquille v. State, 708 So. 2d 676 (Fla. 2d DCA 1998)…representations in the order. When a defendant has presented a facially sufficient claim, it is error for the trial court to summarily deny the motion without attaching portions of the file or record to refute the allegations. See Wilson v. State, 593 So. 2d 1216, 1217 (Fla. 2d DCA 1992). Accordingly, we reverse and remand to the trial court for further proceedings. On remand, the trial court may again deny relief by attaching sufficient documentation to refute Tranquille’s claim or the court must conduct an…
-
Johnson v. State, 666 So. 2d 983 (Fla. 2d DCA 1996)…. 2d DCA 1993). Since the portions of the record attached to the order denying relief do not conclusively refute these allegations, we reverse the denial of relief on this claim and remand to the trial court for further proceedings. Wilson v. State, 593 So. 2d 1216 (Fla. 2d DCA 1992). On remand, the trial court may again deny relief by attaching sufficient record to refute the claim or the court must conduct an evidentiary hearing. Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992). Affirmed in part, revers…
-
James v. State, 696 So. 2d 1194 (Fla. 2d DCA 1997)…w an earlier entered plea does not obtain after sentencing, when pleas are attacked through the use of rule 3.850, where involuntariness is required by the express terms of the rule and the decisional law interpreting it. See, e.g., Wilson v. State, 593 So. 2d 1216 (Fla. 2d DCA 1992). The court in its order denying the motion makes reference to the plea colloquy, which it characterizes as “thorough,” and to a written plea form. We note from reviewing the transcript of the plea and sentencing that it is imposs…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DeWayne R. McLENDON v. State, 502 So. 2d 101 (Fla. 2d DCA 1987)
- Willis v. Dicieco, 502 So. 2d 101 (Fla. 4th DCA 1987)
- State v. Humphrey, 559 So. 2d 733 (Fla. 2d DCA 1990)
- Donnell Wilson v. State, 559 So. 2d 733 (Fla. 2d DCA 1990)