LOUIS LEE BRADSHAW,
v.
THE STATE OF FLORIDA,
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Louis Lee Bradshaw appeals the summary denial of his Rule 3.850 postconviction motion alleging ineffective assistance of trial counsel. The appellate court reversed because the trial court failed to attach the required record excerpts to its summary denial order, preventing meaningful appellate review.
A trial court must append to its final order a copy of the record portions that conclusively show the defendant is not entitled to relief when summarily denying a Rule 3.850 motion. Without such attached record excerpts, the appellate court must reverse the summary denial because the record does not conclusively show the defendant is entitled to no relief.
[1] A trial court must append to its order summarily denying a postconviction motion the portions of the record that conclusively show the defendant is not entitled to relief…
[2] An appellate court must reverse a summary denial of a postconviction motion unless the postconviction record conclusively shows the appellant is entitled to no relief.
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Join FLexlaw to unlock all legal intelligence“If a trial court summarily denies a defendant's rule 3.850 postconviction motion based on the records in a case, a copy of that portion of the record conclusively showing that the defendant is not entitled to relief must be appended to the final order.”
Establishes the mandatory procedural requirement for trial courts to attach record excerpts when summarily denying Rule 3.850 motions
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Join FLexlaw to unlock all legal intelligenceBradshaw filed a Rule 3.850 postconviction motion raising eight separate grounds of ineffective assistance of trial counsel. The trial court summarily…
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PER CURIAM.
Louis Lee Bradshaw appeals an order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief that alleged eight separate grounds of ineffective assistance of trial counsel. While the trial court’s order summarily denying Bradshaw’s motion incorporates the State’s response to the motion – which response cited the various portions of the record that purportedly refute each of Bradshaw’s claims – no portion of the record below was attached to the subject order. If a trial court summarily denies a defendant’s rule 3.850 postconviction motion based on the records in a case, a copy of that portion of the record conclusively showing that the defendant is not entitled to relief must be appended to the final order. See Fla. R. Crim. P. 3.850(f)(5). Relatedly, on appeal from a summary denial of a rule 3.850 motion, this Court must reverse unless the postconviction record – the contents of which are expressly prescribed by Florida Rule of Appellate Procedure 9.141(b)(2)(A) – conclusively shows that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(D). As the State properly and commendably concedes, because the record before us does not conclusively show that Bradshaw is not entitled to relief, we reverse the trial court’s order, and remand for further proceedings on Bradshaw’s motion. If, on remand, the trial court, rather than conducting an evidentiary hearing on Bradshaw’s postconviction motion, again enters an order summarily denying Bradshaw’s
motion, the court shall attach to its order the record excerpts conclusively showing that Bradshaw is not entitled to any relief as required by rule 3.850(f)(5). Reversed and remanded for further proceedings.