GLENN JEROME RANDALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GLENN JEROME RANDALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
555 So. 2d 417
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
The order denying appellant’s motion for post conviction relief is reversed. The sworn motion specifically incorporates the fact allegations that were sworn to in the accompanying memorandum. Therefore, Daniels v. State, 450 So. 2d 601 (Fla. 4th DCA 1984) is inapposite.
On remand the trial court may either summarily deny the motion, attaching records which show that appellant is not entitled to relief, or hold an evidentiary hearing.
WALDEN, STONE and POLEN, JJ., concur.
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Johnson v. State, 942 So. 2d 415 (Fla. 2d DCA 2006)…be determined solely on the basis of the trial record. See Healey v. State, 556 So. 2d 488, 489 (Fla. 2d DCA 1990). Thus, we affirm on this issue. Johnson may raise this claim in a Florida Rule of Criminal Procedure 3.850 motion. See Havis v. State, 555 So. 2d 417 (Fla. 1st DCA 1989). Johnson’s second and third issues are interrelated and will be discussed together. At sentencing, the trial court orally imposed total investigative costs of $252, but entered $252 investigative costs for each of counts one and…
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Ciambrone v. State, 128 So. 3d 227 (Fla. 2d DCA 2013)…it of a single witness, which was not a part of the record at the time the motion was filed, cannot be employed to refute Maddry’s claims of ineffective assistance of counsel, or to obviate the necessity of an evidentiary hearing.”); Havis v. State, 555 So. 2d 417, 418 (Fla. 1st DCA 1989) (“The phrase ‘files and records’ does not include factual affidavits presented to the court after the motion has been filed. Rather, this affidavit raises a new factual matter which must be considered at an evidentiary heari…
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Maddry v. State, 649 So. 2d 334 (Fla. 1st DCA 1995)…davit of a single witness, which was not a part of the record at the time the motion was filed, cannot be employed to refute Maddry’s claims of ineffective assistance of counsel, or to obviate the necessity of an evidentiary hearing. Havis v. State, 555 So. 2d 417, 418 (Fla. 1st DCA 1989). The trial court did not attach other portions of the record that might demonstrate that Maddry is entitled to no relief. Accordingly, the order of the trial court is reversed, and the cause is remanded to the trial court e…
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- Klein v. Advance Mortg. Corp., 450 So. 2d 601 (Fla. 4th DCA 1984)