JOSEPH SCOTT BRADFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the motion for postconviction relief without attaching record portions refuting the speedy trial claim or holding an evidentiary hearing.
Appellant sought postconviction relief, alleging ineffective assistance of counsel for failing to file a timely motion for discharge under the speedy …
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[*274] PER CURIAM.
This appeal is from the summary denial of a motion seeking postconviction relief under Florida Rule of Criminal Procedure 3.850. Appellant raised three points in the motion. The second and third points have no merit. However, the allegation in point I, that trial counsel was ineffective for failing to file a timely motion for discharge pursuant to the speedy trial rule, if true, might entitle appellant to relief. The supporting facts in appellant’s motion allege that he was arrested on May 4, 1982, that the 180 day speedy trial period expired on October 81, 1982, and that no continuances had been charged on the record.
The trial court did not conduct an evidentiary hearing or attach portions of the record which refute the speedy trial allegation. Although the court did attach an order which showed that speedy trial was tolled on November 5, 1982, this order was entered subsequent to the alleged expiration of the 180 day speedy trial period.
Accordingly, we reverse in part the denial of appellant’s motion. On remand, the court may either again summarily deny the motion as to the allegation specified and attach to its order those portions of the record which conclusively show appellant is not entitled to relief or hold an evidentiary hearing and then rule on the ground alleged in point I of the motion. See Fla.R.Crim.P. 3.850; see also Allen v. State, 427 So. 2d 280 (Fla. 2d DCA 1983); Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982). Should appellant be dissatisfied with the new ruling, he must file a new appeal.
RYDER, C.J., and GRIMES and LE-HAN, JJ., concur.
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Arnett O'Hara King v. State, 485 So. 2d 877 (Fla. 2d DCA 1986)…tion relief. We reverse. King alleges that a demand for speedy trial was filed, but that trial counsel failed to move for discharge after sixty days had expired. If true, this could constitute ineffective assistance. See, e.g., Bradfield v. State, 466 So. 2d 273 (Fla.2d DCA 1985). We remand this case with directions either to grant King a hearing on his motion or to attach sufficient portions of the record to demonstrate conclusively that King is not entitled to relief. If the trial court again denies the…
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Constantine v. State, 566 So. 2d 321 (Fla. 2d DCA 1990)…ogy is appropriate to the alleged failure of counsel to recognize and avail himself of a speedy trial defense, which we have held may constitute ineffective assistance. See, e.g., King v. State, 485 So. 2d 877 (Fla. 2d DCA 1986); Bradfield v. State, 466 So. 2d 273 (Fla. 2d DCA 1985). . Ch. 84-550, § 1, Laws of Fla.…
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Williams v. State, 469 So. 2d 228 (Fla. 2d DCA 1985)…led to assert appellant’s speedy trial right, failed to attack a defective indictment, and allowed appellant to be sentenced in violation of the plea agreement, if true, might constitute a substantial omission by defense counsel. Bradfield v. State, 466 So. 2d 273 (Fla. 2d DCA 1985). Cf. Ginwright v. State, 466 So. 2d 409 (Fla. 2d DCA 1985); Davidson v. State, 468 So. 2d 263 (Fla. 2d DCA 1985). Further, appellant’s allegations that he was sentenced in violation of the plea agreement and that he was illegally…
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
- Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982)
- Allen v. State, 427 So. 2d 280 (Fla. 2d DCA 1983)