JULIO ENRIQUE LASPRILLA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
On the State’s confession that the defendant raised facially sufficient claims for ineffective assistance of counsel, we reverse the lower court’s summary denial of his 3.850 motion for postconviction relief and remand this cause for further consideration. On remand, the trial court may either again summarily deny the motion, attaching to its order those portions of the record which conclusively show that the defendant is not entitled to relief, or hold an evidentiary hearing and then rule on the allegations raised in the motion. See Peede v. State, 748 So. 2d 253, 257 (Fla.1999)(“To uphold the trial court’s summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record. Further, where no evidentiary hearing is held below, we must accept the defendant’s factual allegations to the extent they are not refuted by the record”) (citation omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Silvio Andres Padilla v. State, 861 So. 2d 1278 (Fla. 3d DCA 2003)…ot be considered on remand. Regarding the defendant’s remaining claims, the trial court may again deny the motion summarily if the record conclusively refutes the defendant’s claims, or alternatively must conduct a hearing. See Lasprilla v. State, 857 So. 2d 1011 (Fla. 3d DCA 2003). Reversed and remanded for further proceedings consistent herewith.…
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Holmes v. State, 870 So. 2d 919 (Fla. 3d DCA 2004)…conclusively refuted by the record, and attach those portions of the record to its order, or grant defendant an evidentiary hearing. Peede v. State, 748 So. 2d 253 (Fla.1999); Padilla v. State, 861 So. 2d 1278 (Fla. 3d DCA 2003); Lasprilla v. State, 857 So. 2d 1011 (Fla. 3d DCA 2003). Reversed and remanded.…
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Fenelon v. State, 890 So. 2d 567 (Fla. 3d DCA 2005)…laims, or hold an evidentiary hearing on the allegations in the motion. Peede v. State, 748 So. 2d 253 (Fla.1999)(summary denial of 3.850 claims will not be affirmed unless claims are facially invalid or refut-ted by the record); Lasprilla v. State, 857 So. 2d 1011 (Fla. 3d DCA 2003)(same). Reversed and remanded.…
Authorities Cited
- Peede v. State, 748 So. 2d 253 (Fla. 1999)