ANTONIO OWENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Defendant Owens appealed the trial court's summary denial of his Rule 3.850 motion for post-conviction relief claiming ineffective assistance of counsel. The appellate court held that the trial court erred by summarily denying the motion as legally insufficient when the allegations were facially sufficient and potentially meritorious.
A trial court cannot summarily deny a Rule 3.850 motion based on legal insufficiency when the allegations are facially sufficient. Instead, the trial court must either hold an evidentiary hearing or attach relevant portions of the trial record demonstrating that the allegations are unfounded or that the defendant is entitled to no relief.
[1] A motion for post-conviction relief alleging ineffective assistance of counsel, based on the lawyer refusing to let the defendant testify and failing to object to jury in…
[2] If a motion for post-conviction relief contains allegations legally sufficient to support the relief prayed for, the trial court must either attach the relevant portions…
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Join FLexlaw to unlock all legal intelligence“It appears that the defendant might be entitled to relief if the allegations are established.”
Establishes that Owens's allegations were facially sufficient to merit consideration and potentially relief if proven.
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Join FLexlaw to unlock all legal intelligenceOwens filed a Rule 3.850 motion for post-conviction relief alleging ineffective assistance of counsel on two grounds: his lawyer refused to allow him …
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[*409] PER CURIAM.
The defendant filed a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 on the ground of ineffective assistance of counsel, stating:
My lawyer refused to let me testify in my own defense and did not object to the jury instructions which stated I had the burden of proof.
It appears that the defendant might be entitled to relief if the allegations are established. See Knight v. State, 394 So. 2d 997 (Fla.1981). Despite this fact, the trial court summarily denied the motion finding the allegations legally insufficient to support the motion.
The numerous motions presented to trial courts under rule 3.850 allege a variety of reasons for which a defendant claims entitlement to relief. The resolution of these motions must fall within one of three enumerated categories: (1) the allegations in the motion are insufficient as a matter of law to support the relief prayed for, in which case the trial court should summarily deny the motion; (2) the allegations in the motion are sufficient on their face, but the record in the case indicates that the allegations, are unfounded or that the defendant is entitled to no relief, in which case the trial court must attach the relevant portion of the record to the order denying relief; or (3) the allegations in the motion are sufficient on their face and the record in the case does not conclusively show that the defendant is entitled to no relief, in which case the trial court must hold an evidentiary hearing, after which the court may rule on the motion.
Thus, where, as here, the defendant has alleged a legally sufficient basis for relief, the trial court must either hold an evidentiary hearing or attach the relevant portions of the record which support the denial of the defendant’s motion. While it is ultimately the trial court’s responsibility to have the relevant portion of the record attached to an order denying the motion in the second category of cases, it may, of course, delegate this task to the attorneys. By following this procedure, the parties as well as this court are apprised of the reason for the trial court’s action which serves to simplify and expedite the appellate process. A summary denial based upon legal insufficiency may not be substituted in place of these other alternatives. See Fla.R.Crim.P. 3.850; Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982); Van Sever v. State, 405 So. 2d 474 (Fla. 5th DCA 1981).
Accordingly, we reverse and remand to the trial court to either attach the appropriate portions of the record to its order denying relief or hold an evidentiary hearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Ginebra v. State, 498 So. 2d 467 (Fla. 3d DCA 1986)…la.1981). The trial court summarily denied Gine-bra’s motion for legal insufficiency, without attaching those portions of the file or record which conclusively demonstrate that Ginebra is entitled to no relief. This was error. See Owens v. States, 463 So. 2d 408 (Fla. 3d DCA 1985). Accordingly, we Reverse and remand for further proceedings in accordance with Edwards and Rule 3.850.…
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Edmond Boris Shell v. State, 501 So. 2d 1332 (Fla. 2d DCA 1987)…persisting in his efforts to follow rule 3.850 by requiring the state to respond to Shell’s claim, the state’s answer did not refute Shell’s claim. In the past, district courts have often remanded cases like this for a hearing. See Owens v. State, 463 So. 2d 408, 409 (Fla. 3d DCA 1985); Jones v. State, 384 So. 2d 736, 738 (Fla. 4th DCA 1980). But we perceive rule 3.850, as amended in 1984, to be more flexible than this. Price v. State, 487 So. 2d 34, 35 (Fla. 1st DCA 1986). Where the rule 3.850 motion has e…
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Perry v. State, 469 So. 2d 940 (Fla. 4th DCA 1985)…of counsel. The trial court did not furnish this court with any record which would support the order of denial. We remand for it to do so or to conduct an evidentiary hearing. See Hovey v. State, 466 So. 2d 1086 (Fla. 4th DCA 1985); Owens v. State, 463 So. 2d 408 (Fla. 3rd DCA 1985). DOWNEY, HERSEY and GLICKSTEIN, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982)
- VAN Bever v. State, 405 So. 2d 474 (Fla. 5th DCA 1981)