VIRGIL HARRIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Trial court erred in summarily denying defendant's Rule 3.850 motion to vacate judgment without an evidentiary hearing on ineffective assistance of counsel claims.
A trial court must conduct a full evidentiary hearing on a Rule 3.850 motion to vacate when the motion and case records do not conclusively show the defendant is entitled to no relief on ineffective assistance of counsel claims.
[1] A trial court must conduct a full evidentiary hearing on a Rule 3.850 motion to vacate when the motion and case records do not conclusively demonstrate the defendant is e…
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Join FLexlaw to unlock all legal intelligenceHarris filed motions to vacate his judgment and sentence pursuant to Florida Rule of Criminal Procedure 3.850, raising claims of ineffective assistanc…
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PER CURIAM.
This is a consolidated appeal from a summary denial of a motion to vacate judgment and sentence filed pursuant to Fla.R. Crim.P. 3.850. There are two trial court orders under review here, both of which deny virtually identical motions to vacate without according the defendant an evidentiary hearing. Because (a) “the motion and the files and records in the case” do not “conclusively show that the prisoner is entitled to no relief,” Fla.R.Crim.P. 3.850, on the claim of ineffective assistance of counsel at trial, and (b) the procedural and res judicata bars to relief relied on by the trial court in denying one of those motions have, by the state’s admission, become moot, we reverse the orders under review and remand the cause to the trial court with directions to conduct a full evidentiary hearing on the defendant’s motions to vacate, treated as a single consolidated motion.
We have not overlooked the various legal arguments raised by the parties concerning certain aspects of the defendant’s ineffective assistance of counsel claim, but decline to pass on same in the absence of a full evidentiary record. We hold only that the trial court was in error in summarily denying the subject motions to vacate without conducting a full evidentiary hearing thereon. See O’Callaghan v. State, 461 So. 2d 1354 (Fla.1985); Vaught v. State, 442 So. 2d 217 (Fla.1983); Maura v. State, 469 So. 2d 150 (Fla. 3d DCA 1985); Fla.R.App.P. 9.140(g).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Acevedo v. State, 588 So. 2d 311 (Fla. 3d DCA 1991)…s conclusively that the appellant is entitled to no relief,” Fla.R.App.P. 9.140(g), and we therefore reverse the order under review and remand for an evidentiary hearing under the standards set forth in Strickland v. Washington. See Harris v. State, 495 So. 2d 1235 (Fla. 3d DCA 1986). Reversed and remanded.…
Authorities Cited
- O'Callaghan v. State, 461 So. 2d 1354 (Fla. 1984)
- State Farm Fire & Cas. Co. v. Rauenzahn, 442 So. 2d 217 (Fla. 1983)
- Vaught v. State, 442 So. 2d 217 (Fla. 1983)
- Maura v. State, 469 So. 2d 150 (Fla. 3d DCA 1985)