JOHNNY WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the summary denial of a post-conviction motion for ineffective assistance of counsel, holding that sworn allegations of ineffective assistance require an evidentiary hearing rather than summary dismissal.
Sworn allegations of ineffective assistance of counsel must receive an evidentiary hearing and cannot be summarily denied unless the record conclusively shows the appellant is entitled to no relief.
[1] Sworn allegations of ineffective assistance of counsel in a post-conviction motion must be afforded an evidentiary hearing unless the record conclusively demonstrates the…
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Join FLexlaw to unlock all legal intelligence“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”
The court cited Rule 9.140(g), Florida Rules of Appellate Procedure, establishing the standard for reviewing summary denials of post-conviction motions.
Johnny Williams was convicted of robbery and filed a post-conviction motion under Florida Rule of Criminal Procedure 3.850, alleging ineffective assis…
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BARKETT, Judge.
Appellant, Johnny Williams, appeals the summary denial of his motion for post conviction relief under Florida Rule of Criminal Procedure 3.850.
The only ground proposed by appellant that can be considered by the trial court is the denial of effective assistance of counsel. The remaining grounds could have been raised on direct appeal and, therefore, will not support a subsequent claim for collateral relief under Rule 3.850. Palmes v. State, 425 So. 2d 4 (Fla.1983).
The trial court erred, however, in finding that appellant’s motion was legally insufficient. Rule 9.140(g), Florida Rules of Appellate Procedure, provides:
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, [emphasis added]
Appellant’s sworn allegations, which raised the possibility of ineffective assistance of counsel in connection with the defense of drug use at the time of the robbery for which appellant was convicted, entitled him to more than a summary denial of his motion. See, e.g., Vaught v. State, 442 So. 2d 217 (Fla.1983). Because this record fails to meet the standard of Rule 9.140(g), Florida Rules of Appellate Procedure, we reverse and remand for an evidentiary hearing on appellant’s claim of ineffective assistance of counsel. In all other respects, the trial court’s order is affirmed.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
DOWNEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Palmes v. State, 425 So. 2d 4 (Fla. 1983)
- State Farm Fire & Cas. Co. v. Rauenzahn, 442 So. 2d 217 (Fla. 1983)
- Vaught v. State, 442 So. 2d 217 (Fla. 1983)