LORENZO ELWORTH FLINT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fourth District reversed the summary denial of post-conviction relief and remanded because the trial court failed to conduct an evidentiary hearing or attach relevant record portions to address claims that trial counsel failed to move for judgment of acquittal and failed to depose a potentially exonerating witness.
When a trial court denies a post-conviction motion alleging ineffective assistance of counsel, it must either conduct an evidentiary hearing or attach relevant portions of the record showing the claim is without merit.
[1] When a trial court denies a post-conviction motion alleging ineffective assistance of counsel, it must either conduct an evidentiary hearing or attach relevant portions o…
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Join FLexlaw to unlock all legal intelligence“In each of these instances the trial court erred in denying the motion without either conducting an evidentiary hearing on the claim or attaching to its order denying the motion the relevant portions of the case file or record to show that the claim was without merit.”
Court explaining the procedural error in the trial court's summary denial of the post-conviction motion.
Appellant Flint sought post-conviction relief under rule 3.850, alleging ineffective assistance of trial counsel on two grounds: counsel failed to mov…
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PER CURIAM.
Appellant argues in this appeal from summary denial of his motion for post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure, ineffective assistance of counsel, denial of a fair trial, and deprivation of due process and equal protection. With the exception of two circumstances alleged to have constituted ineffectiveness of trial counsel, we find no merit in appellant’s motion.
As grounds for a finding of ineffective assistance of trial counsel, it is alleged that defense counsel failed to move for judgment of acquittal at the close of the evidence as required by rule 3.380, Florida Rules of Criminal Procedure. It is further alleged that defense counsel failed to depose a defense witness possessed of information that might have exonerated appellant. In each of these instances the trial court erred in denying the motion without either conducting an evidentiary hearing on the claim or attaching to its order denying the motion the relevant portions of the case file or record to show that the claim was without merit. Williams v. State, 447 So. 2d 442 (Fla. 5th DCA 1984). If an evidentiary hearing is necessary, consideration of the claim of ineffective assistance of counsel will be guided by the standards established by Knight v. State, 394 So. 2d 997 (Fla.1981).
REVERSED and REMANDED for further appropriate proceedings.
HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Williams v. State, 447 So. 2d 442 (Fla. 5th DCA 1984)