FRANK HENRY STEPHENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellate court reversed denial of Rule 3.850 motion for post-conviction relief because trial court failed to either hold an evidentiary hearing or attach case file portions refuting the involuntary guilty plea allegation.
When a Rule 3.850 motion is legally sufficient on its face, the trial court must either conduct an evidentiary hearing or attach case file portions conclusively showing the petitioner is entitled to no relief.
[1] When a post-conviction Rule 3.850 motion is legally sufficient on its face, the trial court must either conduct an evidentiary hearing or deny relief with a written order…
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Join FLexlaw to unlock all legal intelligenceStephens filed a Rule 3.850 motion seeking to vacate his robbery with a weapon conviction, alleging his guilty plea was involuntary. The trial court d…
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SHARP, Judge.
The appellant filed a motion under Florida Rule of Criminal Procedure 3.850 seeking relief from the judgment and sentence and addressing matters which can be raised in a collateral attack. He sought to have his conviction for robbery with a weapon vacated on several grounds including the involuntariness of the guilty plea. The appellant’s motion is legally sufficient and, if true, would entitle him to relief.
Where the motion is legally sufficient on its face, (as is appellant’s allegation that the guilty plea was not voluntarily entered), it is the duty of the trial court to comply with Florida Rule of Criminal Procedure 3.850 by holding an evidentiary hearing to determine if the relief should be granted. However, if the case file and record conclusively show petitioner is entitled to no relief, then the court should deny relief in an order specifically setting out the reasons for the denial, and it should attach portions of the case file and record to sustain its determination. Neither action was taken by the court below. Therefore, the order denying appellant’s motion under Florida Rule of Criminal Procedure 3.850 is reversed, and this cause is remanded to the trial court with instructions within sixty (60) days to (a) Attach that portion of the case file and record which refutes appellant’s allegations or (b) conduct an evidentiary hearing on appellant’s allegation that the guilty plea was not voluntary. Gunter v. State, 380 So. 2d 1198 (Fla. 5th DCA 1980); Lesley v. State, 370 So. 2d 85 (Fla. 2d DCA 1979); Payne v. State, 362 So. 2d 688 (Fla. 2d DCA 1978).
REVERSED AND REMANDED.
ORFINGER and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McMILLIAN v. State, 411 So. 2d 1372 (Fla. 5th DCA 1982)…a.1980); Brown v. State, 409 So. 2d 129 (Fla. 5th DCA Jan. 27, 1982); Van Bever v. State, 405 So. 2d 474 (Fla. 5th DCA 1981); Wade v. State, 402 So. 2d 534 (Fla. 5th DCA 1981); Benton v. State, 401 So. 2d 1114 (Fla. 5th DCA 1981); Stephens v. State, 399 So. 2d 1106 (Fla. 5th DCA 1981); Gunn v. State, 378 So. 2d 105 (Fla. 5th DCA 1980); Payne v. State, 362 So. 2d 688 (Fla. 2d DCA 1978). REVERSED AND REMANDED. FRANK D. UPCHURCH, Jr., J., concurs. COWART, J., dissents with opinion. . The citation is incorrect…
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Brown v. State, 409 So. 2d 129 (Fla. 5th DCA 1982)…his counsel ever contacted him regarding his defense prior to trial.4 Van Bever v. State, 405 So. 2d 474 (Fla. 5th DCA 1981); Wade v. State, 402 So. 2d 534 (Fla. 5th DCA 1981); Benton v. State, 401 So. 2d 1114 (Fla. 5th DCA 1981); Stephens v. State, 399 So. 2d 1106 (Fla. 5th DCA 1981). REMANDED. DAUKSCH, C. J., and COWART, J., concur. . Three motions were actually filed: the original, a supplement thereto, and an “Amended Motion to Vacate Judgment and Sentence,” which incorporated by reference the allegatio…
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Morman v. State, 458 So. 2d 88 (Fla. 5th DCA 1984)…a. 5th DCA 1982); Brown v. State, 409 So. 2d 129 (Fla. 5th DCA 1982); Van Bever v. State, 405 So. 2d 474 (Fla. 5th DCA 1981); Wade v. State, 402 So. 2d 534 (Fla. 5th DCA 1981); Benton v. State, 401 So. 2d 1114 (Fla. 5th DCA 1981); Stephens v. State, 399 So. 2d 1106 (Fla. 5th DCA 1981); Young v. State, 397 So. 2d 1159 (Fla. 5th DCA 1981); Brown v. State, 390 So. 2d 447 (Fla. 5th DCA 1980); Battle v. State, 388 So. 2d 1323 (Fla. 5th DCA 1980).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Payne v. State, 362 So. 2d 688 (Fla. 2d DCA 1978)
- Arlen Kim Lesley v. State, 370 So. 2d 85 (Fla. 2d DCA 1979)
- Gunter v. State, 380 So. 2d 1198 (Fla. 5th DCA 1980)
- Brown v. State, 380 So. 2d 1198 (Fla. 2d DCA 1980)