WILLIAM CARROLL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a trial court must attach relevant record documentation when denying a facially sufficient motion for post conviction relief without a hearing.
Appellant sought post conviction relief, alleging illegal sentences, an involuntary plea, and ineffective counsel. The trial court denied the motion w…
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PER CURIAM.
Appellant, William Carroll appeals the summary denial of a motion seeking post conviction relief under Florida Rule of Criminal Procedure 3.850. We reverse and remand.
Appellant filed a facially sufficient motion for post conviction relief, asserting that his sentences were illegal, his plea involuntary, and he had received ineffective assistance of counsel. The trial court entered an order, denying the motion without a hearing, and without documentation showing that appellant was not entitled to relief.
Florida Rule of Criminal Procedure 3.850 requires that, where a facially sufficient motion for post conviction relief is denied without a hearing, the trial court attach a copy of the files or transcripts which con clusively show that appellant was not entitled to relief. See Dorsey v. State, 467 So. 2d 1075 (Fla. 2d DCA 1985); Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982).
Accordingly, we reverse and remand for the trial court to examine appellant’s motion to determine whether his allegations are true. If not, the trial court may again deny the motion and attach to its order such parts of the record as necessary to conclusively demonstrate that appellant is not entitled to relief.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Keenan Terell Holmes v. State, 590 So. 2d 1008 (Fla. 3d DCA 1991)…d to relief. Where a facially sufficient motion for post-conviction relief is denied without a hearing, the trial court must attach a copy of the files or transcripts showing conclusively that defendant is not entitled to relief. Carroll v. State, 575 So. 2d 286 (Fla. 3d DCA 1991); Fla.R.Crim.P. 3.850. The trial court’s failure to observe this procedure requires that we reverse and remand to the trial court for reconsideration. See Hoffman v. State, 571 So. 2d 449 (Fla.1990); Smothers v. State, 555 So. 2d 4…
Authorities Cited
- Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982)
- Dorsey v. State, 467 So. 2d 1075 (Fla. 2d DCA 1985)