RAMONA TAVIA
v.
THE STATE OF FLORIDA
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Under Florida Rule of Criminal Procedure 3.800(a), the defendant bears the burden of demonstrating entitlement to relief on the face of the record without requiring an evidentiary hearing.
[1] Under Florida Rule of Criminal Procedure 3.800(a), the burden is on the defendant to demonstrate entitlement to relief on the face of the record without an evidentiary he…
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Join FLexlaw to unlock all legal intelligenceRamona Tavia appealed a trial court decision regarding a Rule 3.800(a) motion. The case involves the allocation of burden of proof in post-conviction …
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PER CURIAM.
Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla. 2011) (recognizing that under rule 3.800(a) the burden is on the defendant to demonstrate an entitlement to relief on the face of the record and that, accordingly, the State has no burden to establish that the defendant is not entitled to relief) (citing Williams v. State, 957 So. 2d 600 (Fla. 2007) (holding that under rule 3.800(a) the burden is on the defendant to demonstrate an entitlement to relief on the face of the record and without an evidentiary hearing)).
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Rodgers v. Commissioner OF Internal Revenue, 241 F.2d 552 (8th Cir. 1957)…heir identity as ordinary personal expenses and acquire deductibility as amounts claimed primarily for the prevention or alleviation of disease”. See also Havey v. Commissioner, 12 T.C. 409; Dobkin v. Commissioner, 15 T.C. 886; Ochs v. Commissioner, 17 T.C. 130, affirmed 2 Cir., 195 F. 2d 692, 37 A.L.R.2d 545; Hoffman v. Commissioner, 17 T.C. 1380. S.Rep. No. 1631, 77th Cong., 2d Sess. pp. 95-96 (1942-2 Cum.Bull. 504, 576-577) pointed out as to the statute that “It is not intended * * * that a deduction s…
Authorities Cited
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
- Williams v. State, 957 So. 2d 600 (Fla. 2007)