KEITH WATERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a motion for post-conviction relief cannot be summarily denied without attaching the relevant record or holding an evidentiary hearing if the allegations are facially sufficient.
The movant alleged his guilty plea was involuntary because he was promised sentencing as a habitual felony offender but received a habitual violent fe…
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COBB, Judge.
Keith Waters appeals the summary denial of his Rule 3.850 motion for post-eonviction relief.
Waters has raised several grounds in his motion, only one of which has merit. Waters alleged that his plea of guilty to burglary of a dwelling and arson was involuntary and unknowing because he understood that, as part of his plea bargain, he would be sentenced as a habitual felony offender, when in fact he was sentenced as a habitual violent felony offender. In the order denying relief, the trial court referred to portions of the record which allegedly refute Waters’s claim that his plea was involuntary, but these portions of the record were not attached to the order. When a trial court denies a motion for post-conviction relief without holding an evidentiary hearing or attaching relevant portions of the record to refute the movant’s allegations, this court’s review is necessarily limited. We must accept the movant’s allegations as true, and from that premise determine whether the motion conclusively shows that the movant is not entitled to relief. See, e.g., Gorham v. State, 521 So. 2d 1067 (Fla.1988); Squires v. State, 513 So. 2d 138 (Fla.1987); Debose v. State, 580 So. 2d 638 (Fla. 5th DCA 1991); Davis v. State, 571 So. 2d 118 (Fla. 5th DCA 1990). Waters’s allegations regarding the involuntary nature of his plea are facially sufficient and are not refuted by any records before this court.
We therefore reverse the summary denial of Waters’s motion for post-conviction relief as to his claim that his plea was involuntary and remand to the trial court with directions to either attach portions of the record that conclusively refute Waters’s claim or hold an evidentiary hearing. We affirm the order denying relief on all other grounds.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED with instructions.
COWART and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995)…ed in rule 3.850(d). In this case, the trial court should either attach portions of the record sufficient to refute Oehling’s ineffective assistance of counsel argument, or hold an evidentiary hearing to resolve any factual issues. Waters v. State, 612 So. 2d 685 (Fla. 5th DCA 1993); Montgomery v. State, 615 So. 2d 226 (Fla. 5th DCA 1993); Debose v. State, 580 So. 2d 638 (Fla. 5th DCA 1991). We have held in the past that the state cannot cure the trial court’s oversight by designating portions of the record…
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Edwards v. State, 652 So. 2d 1276 (Fla. 5th DCA 1995)…review is limited to determining whether, accepting the allegations as true, the motion shows the defendant is not entitled to relief. Gorham v. State, 521 So. 2d 1067 (Fla. 1988); Deen v. State, 627 So. 2d 625 (Fla. 5th DCA 1993); Waters v. State, 612 So. 2d 685 (Fla. 5th DCA 1993); Debose v. State, 580 So. 2d 638 (Fla. 5th DCA 1991). The order summarily denying the defendant’s Rule 3.850 motion is reversed as to the two claims discussed above and remanded to the trial court with directions to either atta…
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Haynes v. State, 729 So. 2d 498 (Fla. 1st DCA 1999)…ons set forth in the motion and determine from that premise whether the prisoner has presented a prima facie claim for relief. See Valle v. State, 705 So. 2d 1331, 1333 (Fla.1997); Allen v. State, 642 So. 2d 120 (Fla. 1st DCA 1994); Waters v. State, 612 So. 2d 685 (Fla. 5th DCA 1993). See also Williams v. State, 689 So. 2d 1217 (Fla. 1st DCA 1997). In ground two of his rule 3.850 motion, appellant alleged his trial counsel provided ineffective assistance by failing to challenge statements purportedly made by…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gorham v. State, 521 So. 2d 1067 (Fla. 1988)
- Squires v. State, 513 So. 2d 138 (Fla. 1987)
- DeVITTO v. State, 580 So. 2d 638 (Fla. 1st DCA 1991)
- Ozell Debose, Jr. v. State, 580 So. 2d 638 (Fla. 5th DCA 1991)
- Davis v. State, 571 So. 2d 118 (Fla. 5th DCA 1990)