KEENAN TERELL HOLMES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a trial court must attach documentation when denying a facially sufficient motion for post-conviction relief without a hearing.
Defendant filed a motion for post-conviction relief alleging ineffective assistance of counsel and sentencing errors related to his juvenile status. T…
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PER CURIAM.
Defendant appeals the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.
Defendant filed a facially sufficient motion for post-conviction relief, asserting that he received ineffective assistance of counsel in that counsel failed to advise the court and defendant of Holmes’ status as a juvenile at the sentencing proceedings, and that the trial court erred in sentencing him without fulfilling the requirements of section 39.111(7), Florida Statutes (1989). The trial court denied the motion without a hearing, but did not attach documentation showing that defendant was not entitled 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 452 (Fla. 5th DCA 1990).
Reversed and remanded.
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Archilla v. President Supermarket, Inc., 654 So. 2d 588 (Fla. 3d DCA 1995)…operly directed a verdict: the record contains sufficient evidence to support the jury’s verdict. Woods v. Winn Dixie Stores, Inc., 621 So. 2d 710 (Fla. 3d DCA 1993); Perry v. Red Wing Shoe Co., 597 So. 2d 821 (Fla. 3d DCA 1992); Salam v. Benmelech, 590 So. 2d 1008 (Fla. 3d DCA 1991). The testimony describing the conditions causing plaintiffs fall was sufficient to generate a reasonable inference of constructive notice in support of the jury’s verdict. Woods, 621 So. 2d at 711. The trial court improperly subst…
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Easton-Babcock & Assocs., Inc. v. Fernandez, 706 So. 2d 916 (Fla. 3d DCA 1998)…trate a total absence of facts or reasonable inference therefrom which would support the jury’s verdict. See Woods v. Winn Dixie Stores, Inc., 621 So. 2d at 711; Perry v. Red Wing Shoe Co., 597 So. 2d 821, 822 (Fla. 3d DCA 1992); Salam v. Benmelech, 590 So. 2d 1008, 1009 (Fla. 3d DCA 1991); see also United Farm Agency of Fla., Inc. v. DKLS, Inc., 560 So. 2d 1212, 1213 (Fla. 3d DCA 1990) (“[motion] should be resolved with caution because the granting of the motion holds that one side of the case is without prob…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoffman v. State, 571 So. 2d 449 (Fla. 1990)
- Smothers v. State, 555 So. 2d 452 (Fla. 5th DCA 1990)
- Elliott R. Subervi v. Hon. Jeffords D. Miller, 555 So. 2d 452 (Fla. 5th DCA 1990)
- Carroll v. State, 575 So. 2d 286 (Fla. 3d DCA 1991)