ANTHONY S. DESTEFANO
v.
STATE
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A defendant is entitled to an evidentiary hearing on a postconviction relief motion when the record does not conclusively refute a claim of ineffective assistance of counsel.
[1] A trial court may not summarily deny a claim of ineffective assistance of counsel on a Rule 3.850 postconviction relief motion when the record does not conclusively refut…
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Join FLexlaw to unlock all legal intelligence“A defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”
Standard for when evidentiary hearing must be granted on Rule 3.850 motion
Anthony S. DeStefano filed a Rule 3.850 postconviction relief motion raising five grounds, including a claim that his counsel was ineffective for fail…
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PER CURIAM.
Anthony S. DeStefano appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds
Two through Five. However, because the record does not conclusively refute
DeStefano’s claim that counsel was ineffective for failing to object to the prosecutor’s comments on the law applicable to his sentencing, we reverse the summary denial of
Ground One and remand for attachment of portions of the record conclusively refuting that claim or for an evidentiary hearing. See Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) ("[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient." (citing Maharaj v. State, 684 So. 2d 726 (Fla. 1996))).
AFFIRMED in part, REVERSED in part, and REMANDED.
ORFINGER, BERGER, and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)
- Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)