LUCIOUS HANKINS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court summarily denied appellant’s motion for post-conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant alleged ineffective assistance of counsel based on trial counsel’s failure to assert his speedy trial rights.
The trial court failed to attach those parts of the record that would conclusively show that appellant is not entitled to relief. Therefore, we reverse and remand this cause to the trial court with instructions to either conduct an evidentiary hearing or to attach those parts of the record showing that appellant is not entitled to relief. See Carter v. State, 632 So. 2d 1139 (Fla. 4th DCA 1994). See also Toliver v. State, 652 So. 2d 1291 (Fla. 1st DCA 1995).
REVERSED and REMANDED.
DELL, FARMER and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Shaunte Collins v. State, 795 So. 2d 1066 (Fla. 4th DCA 2001)…t his speedy trial rights, and that counsel was ineffective for “conceding” guilt to lesser included offenses. We find appellant’s allegations concerning his speedy trial claim legally sufficient to warrant further examination. See Hankins v. State, 677 So. 2d 112 (Fla. 4th DCA 1996). As to the concession of guilt claim, if counsel had conceded guilt of the lesser included offense, an evidentiary hearing would be required. Having reviewed the portion of the closing arguments provided by appellant, it is cle…
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Williams v. State, 815 So. 2d 734 (Fla. 1st DCA 2002)…ter her mistrial). On remand, the trial court should either attach portions of the record that conclusively refute Williams’s claim, or hold an evidentiary hearing. See, e.g., Waldburg v. State, 644 So. 2d 608 (Fla. 1st DCA 1994); Hankins v. State, 677 So. 2d 112 (Fla. 4th DCA 1996). AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings. ERVIN, BARFIELD and LEWIS, JJ., concur. . Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).…
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Lucious Hankins, Jr. v. State, 105 So. 3d 574 (Fla. 4th DCA 2012)…cord reveals, however, that the petitioner previously filed a timely Rule 8.850 motion and argued his attorney was ineffective in failing to assert speedy trial rights. We reversed and remanded the case for an evi-dentiary hearing. Hankins v. State, 677 So. 2d 112 (Fla. 4th DCA 1996). The claim was denied on remand, and this court affirmed in Hankins v. State, 728 So. 2d 284 (Fla. 4th DCA 1998). Following those proceedings, petitioner has filed at least six additional post-conviction motions and appealed each…
Authorities Cited
- Carter v. State, 632 So. 2d 1139 (Fla. 4th DCA 1994)
- Black v. Fla. Dep't OF Corr., 652 So. 2d 1291 (Fla. 1st DCA 1995)