MONTRE D. RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court's summary denial of ineffective assistance of counsel claims under rule 3.850 was reversed because the court failed to attach relevant record portions to conclusively refute the claims, requiring either an evidentiary hearing or proper documentation on remand.
A trial court must either hold an evidentiary hearing or attach portions of the record to its order that conclusively refute postconviction ineffective assistance of counsel claims; summary denial without such documentation is reversible error.
[1] A trial court's summary denial of a rule 3.850 postconviction motion must either be supported by an evidentiary hearing or accompanied by attached portions of the record…
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Join FLexlaw to unlock all legal intelligence“On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.”
Statement of the procedural requirement governing appellate review of postconviction relief denials under Florida Rule of Criminal Procedure 9.141(b)(2)(D).
Appellant Richardson filed a rule 3.850 motion raising four ineffective assistance of counsel claims, which the trial court summarily denied without a…
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In this postconviction appeal, Appellant challenges the trial court’s summary denial of his rule 3.850 motion wherein he raises four ineffective assistance of counsel claims. Because the trial court failed to attach the relevant portions of the record upon which it relied to refute Appellant’s claims, we reverse and remand for the trial court to either hold an evidentiary hearing or attach portions of the record to its order that conclusively refute Appellant’s claims. See Fla. R. Crim. P. 9.141(b)(2)(D) (“On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.”); see also Davis v. State, 153 So.3d 399, 401 (Fla. 1st DCA 2014) (“Rule 9.141(b)(2)(d), Florida Rules of Appellate Procedure, requires reversal of an order denying postconviction relief without an *1288evidentiary hearing if the order fails to comply with the applicable subsection of rule 3.850(f)—in this case rule 3.850(f)(5), requiring the postconviction court’s determination that the grounds asserted can be conclusively resolved either as a matter of law (with citations) or by reliance on records of the case (with attached copies).”).
REVERSE and REMAND.
WETHERELL, MAKAR, and KELSEY, JJ, CONCUR.
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Citator
Cited By
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Montre D. Richardson v. State, 257 So. 3d 605 (Fla. 1st DCA 2018)
Authorities Cited
- Davis v. State, 153 So. 3d 399 (Fla. 1st DCA 2014)