LEROY S. JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the defendant's motion for postconviction relief without attaching record support.
The defendant claimed his trial counsel was ineffective for failing to depose a key witness whose testimony would have corroborated his defense. The w…
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PER CURIAM.
Leroy S. Jones appeals from the denial of his motion for postconviction relief. For the following reasons, we reverse and remand for an evidentiary hearing.
In his motion, defendant argued that his trial counsel was ineffective for failing to secure the deposition of a key witness whose testimony allegedly would have corroborated his version of the incident. Although the witness appeared several times in court and was willing to testify, the trial was repeatedly continued. Defendant contends that although he repeatedly asked his attorney to ensure that the witness’ testimony was memorialized, his attorney never deposed the witness. When the trial was finally held, the witness was not available.
The trial court summarily denied the defendant’s motion and failed to attach any portion of the record to support its ruling. Because “the record before this court does not conclusively refute [defendant’s] facially viable claim that he did not receive effective assistance of counsel at trial,” Wilcox v. State, 622 So. 2d 132,133 (Fla. 3d DCA 1993), we reverse the trial court’s order and remand with directions to conduct an evidentiary hearing on the above-stated claim of ineffective assistance of counsel. See Harich v. State, 484 So. 2d 1239, 1240 (Fla.1986) (“Under rule 3.850 procedure, a movant is entitled to an evidentiary hearing unless the motion and record conclusively show that the movant is not entitled to relief.”).
Reversed and remanded with directions.
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Colonel v. State, 700 So. 2d 150 (Fla. 3d DCA 1997)…f Criminal Procedure 3.850, the order on appeal, which summarily denied the motion, is reversed and remanded to the trial court for the purpose of conducting an evi-dentiary hearing on the issues raised by the appellant’s motion. See Jones v. State, 693 So. 2d 1154 (Fla. 3d DCA 1997); Wilcox v. State, 622 So. 2d 132 (Fla. 3d DCA 1993). Reversed and remanded.…
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Zonecol v. State, 740 So. 2d 55 (Fla. 3d DCA 1999)…-nard were similar in appearance, and Johnson’s sworn statement says that this defendant did not participate in the crime. The appellate courts have reversed the denial of postconviction relief in cases very similar to this one. See Jones v. State, 693 So. 2d 1154 (Fla. 3d DCA 1997) (evidentia-ry hearing ordered on defendant’s claim “that his trial counsel was ineffective for failing to secure the deposition of a key witness whose testimony allegedly would have corroborated his version of the incident .... Wh…
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Garcia v. State, 770 So. 2d 752 (Fla. 3d DCA 2000)…aise substantial factual issues related to his allegations of ineffective assistance of counsel which are not refuted by the record and must be addressed by the trial court. See Stringer v. State, 757 So. 2d 1226 (Fla. 4th DCA 2000); Jones v. State, 693 So. 2d 1154 (Fla. 3d DCA 1997); Porter v. State, 670 So. 2d 1126 (Fla. 2d DCA 1996). Reversed and remanded.…
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
- Harich v. State, 484 So. 2d 1239 (Fla. 1986)
- Fonda v. State, 622 So. 2d 132 (Fla. 3d DCA 1993)