ANTHONY L. ANFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Anthony Anfield appeals the summary denial of his post-conviction motion alleging that the trial court failed to conduct a required plea colloquy and that he was sentenced to a term longer than the twelve years he bargained for. The appellate court reverses and remands because the trial court failed to attach portions of the record refuting the allegations, as required by procedure.
The court reversed the summary denial and remanded the case, holding that when a trial court summarily denies a post-conviction motion with facially sufficient allegations, it must attach portions of the case files and records that conclusively refute those allegations, or else the case must proceed to an evidentiary hearing.
[1] A trial court must attach portions of the record that conclusively refute a defendant's allegations when summarily denying a motion for postconviction relief.
[2] A defendant's claim that the trial court failed to conduct a proper plea colloquy pursuant to rule 3.172 is facially sufficient for postconviction relief.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court denied the motion without an evidentiary hearing, but did not attach to the order any portion of the files or record to refute these allegations.”
Establishes the procedural defect in the trial court's denial—failure to attach record material refuting the allegations.
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Join FLexlaw to unlock all legal intelligenceAnfield pleaded guilty to fourteen counts and claimed he bargained for a sentence of twelve years' imprisonment. However, he received concurrent terms…
The full statement of facts, procedural history, and disposition for this case are member content.
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[*389] PER CURIAM.
Anthony L. Anfield appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Of the several allegations contained in Anfield’s motion, only two are facially sufficient.
First, Anfield claimed that the trial court failed to determine the voluntariness of the plea by conducting the colloquy provided for in rule 3.172. See Diaz v. State, 439 So. 2d 1011 (Fla. 2d DCA 1983).
Second, he claimed that he bargained for a term of twelve years’ imprisonment, but was sentenced to concurrent terms of twenty-seven years’ imprisonment, with consecutive three-year minimum mandatory sentences imposed on four of the fourteen counts to which he pleaded guilty. See Sawyers v. State, 566 So. 2d 942 (Fla. 2d DCA 1990).
The trial court denied the motion without an evidentiary hearing, but did not attach to the order any portion of the files or record to refute these allegations.
Accordingly, we reverse the order deny-' ing Anfield’s motion and remand the case to the trial court. On remand, unless the case files and records conclusively show that Anfield is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute Anfield’s allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.
DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.
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Citator
Cited By
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Brown v. State, 588 So. 2d 658 (Fla. 2d DCA 1991)…reed to a guidelines sentence in exchange for his guilty plea. Instead, the trial court imposed consecutive sentences totalling sixty years’ incarceration. If this allegation is true, then appellant might be entitled to relief. See Anfield v. State, 576 So. 2d 388 (Fla. 2d DCA 1991); Sawyers v. State, 566 So. 2d 942 (Fla. 2d DCA 1990). The trial court denied the motion without an evidentiary hearing, but failed to attach portions of the record that conclusively refute appellant’s allegation. Accordingly, we…
Authorities Cited
- Sawyers v. State, 566 So. 2d 942 (Fla. 2d DCA 1990)
- Diaz v. State, 439 So. 2d 1011 (Fla. 2d DCA 1983)