FLOYD G. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1984-03-22
No. 83-1416
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
447 So. 2d 442 Florida District Court of Appeal, Fifth District (1984) Positive Treatment
Cited by 24 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that a trial court must either attach portions of the record conclusively showing entitlement to no relief or grant an evidentiary hearing on a 3.850 motion alleging ineffective assistance of counsel.


Headnotes

[1] A motion for postconviction relief requires an evidentiary hearing unless the motion and the case record conclusively show that no relief is warranted.

[2] If a motion for postconviction relief raises a matter that may properly be considered, the trial judge must either attach portions of the case file or record that conclus…

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Facts & Procedural History

Appellant filed a 3.850 motion alleging ineffective assistance of counsel, specifically regarding trial counsel's failure to conduct pretrial investig…

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Opinion of the Court
COBB, Judge.

COBB, Judge.

The appellant filed a 3.850 motion to vacate in the trial court, claiming ineffective assistance of counsel based on various grounds. On appeal, we initially reversed the trial court’s denial of an evidentiary hearing in regard to trial counsel’s failure to challenge the admission of evidence which may have contravened the “Williams Rule;” 1 but we affirmed in regard to the other grounds set out in the motion.

The appellant has moved for rehearing, which we grant. Our initial opinion was predicated upon this court’s prior holding in Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981). To the extent that Ferby appeared to hold, as a matter of law, that failure to conduct pretrial investigation is permissible trial strategy, it has been superseded by subsequent opinions of the Florida Supreme Court and of this court. See Vaught v. State, 442 So. 2d 217 (Fla.1983); McMillian v. State, 411 So. 2d 1372 (Fla. 5th DCA 1982). Indeed, even when it first appeared, Ferby was in conflict with prior opinions from this court2 and from the Florida Supreme Court.3

The recent Vaught opinion concerned a 3.850 allegation of incompetent counsel supported, inter alia, by a specific allegation of prejudice resulting, from a failure to conduct pretrial preparation. The trial judge incorporated by reference the entire trial transcript in his order denying relief without a hearing. There is no error in this procedure. Vaught at 219. See also Raulerson v. State, 420 So. 2d 567 (Fla.1982), cert. denied, — U.S. -, 103 S.Ct. 3572, 77 L.Ed.2d 1412 (1983). In the instant case, there was no attachment of any portion of the files or record nor incorporation by reference. In Vaught, the court reversed the order and remanded for an evidentiary hearing, noting that the trial transcript did not negate the allegation pertaining to the omission in regard to trial preparation.

In Meeks v. State, 382 So. 2d 673 (Fla.1980), the appellant filed a 3.850 motion seeking relief on the basis, inter alia, that his court-appointed counsel did not render effective assistance of counsel at trial, at the sentence hearing, or on appeal. In support of this claim, the appellant alleged “a number of specific instances of his trial counsel’s failure to act....” The Florida Supreme Court noted that the burden is on the person seeking collateral relief to specifically allege the grounds for relief — i.e., grounds showing that the appellant was deprived of reasonably effective counsel based on the totality of the circumstances. The Meeks opinion then states:

Pursuant to a rule 3.850 motion, a prisoner is entitled to an evidentiary hearing unless the motion and the files and records in the case conclusively show that he is entitled to no relief. If the prisoner raises a matter that may properly be considered in a rule 3.850 motion, the trial judge reviewing the motion must either attach that portion of the case file or record which conclusively shows that the prisoner is entitled to no relief or grant an evidentiary hearing. (Citations omitted.)

Id. at 676.

In the instant case, the motion was denied without hearing and without attachment of any portion of the case file or record, despite recitation by the trial judge that he had reviewed the entire record as a basis for summarily denying the motion. Despite an inconsistency in the motion itself in regard to whether there was no pretrial investigation or insufficient investigation, there were specific allegations, as required by Meeks, indicating that facts could (and should) have been discovered via pretrial preparation in regard to impeachment of the two “victims,”4 their reputation for violence,5 and a witness who saw both victims with the defendant on the night in question at a time when the state contended he was alone with only one of them. These omissions, if true, could be found to be substantial and prejudicial6 since the crux of the trial was the credibility clash between the defendant’s version of the facts and that of the two victims.

Accordingly, we grant rehearing, vacate our original opinion, and remand for the trial court to either attach appropriate portions of the record as required by the rule, or to conduct an evidentiary hearing based on the “Williams Rule” problem and the question of the pretrial preparation in determining whether or not there was ineffective assistance of counsel based on the criteria set out in Knight v. State, 394 So. 2d 997 (Fla.1981).

FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur. . Williams v. State, 110 So. 2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959).

. E.g., Young v. State, 397 So. 2d 1159 (Fla. 5th DCA 1981); Battle v. State, 388 So. 2d 1323 (Fla. 5th DCA 1980); Gunn v. State, 378 So. 2d 105 (Fla. 5th DCA 1980).

.E.g., Knight v. State, 394 So. 2d 997 (Fla.1981); Meeks v. State, 382 So. 2d 673 (Fla.1980).

.Evidence as to a second "victim” was permitted under the “Williams Rule." The defendant asserts the two victims were cohorts who attacked and robbed him, then fabricated the kidnap and rape accusations as a coverup.

. Marcum v. State, 341 So. 2d 815 (Fla. 2d DCA 1977).

. Knight v. State, 394 So. 2d 997 (Fla.1981).


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Citator

Cited By (12 total)

  • Prieto v. State, 573 So. 2d 398 (Fla. 2d DCA 1991)
    …hat prospective testimony would have been). We believe this portion of the motion presents a prima facie showing of entitlement to relief, subject to rebuttal by evidence from the record or testimony at an evidentiary hearing. Cf. Williams v. State, 447 So. 2d 442 (Fla.5th DCA 1984). After remand the trial court should reexamine the files and records to ascertain whether any portion thereof conclusively refutes the two claims herein discussed. If the court so finds, the court may again deny the motion, attac…
  • Morman v. State, 458 So. 2d 88 (Fla. 5th DCA 1984)
    …le or record conclusively showing that the prisoner is entitled to no relief, the matter will be remanded for the trial court to either attach the appropriate portions of the record or to conduct an evidentiary hearing. See, e.g., Williams v. State, 447 So. 2d 442 (Fla. 5th DCA 1984); McMillian v. State, 411 So. 2d 1372 (Fla. 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. St…
  • Williams v. State, 507 So. 2d 1122 (Fla. 5th DCA 1987)
    …them went together to the East Palatka Fruit Market to buy cigarettes; later in the evening, he was assaulted and robbed of his wallet and marijuana bag by the two women, who then fabricated the rape accusation as a cover-up. See Williams v. State, 447 So. 2d 442 (Fla. 5th DCA 1984). Williams was tried and convicted of the kidnapping and sexual battery of Lola Wilson. He was sentenced to 100 years’ imprisonment, with the trial judge retaining jurisdiction over 33V3 years. The issue on this appeal, raised by…

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