ROBERT L. WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed in part and remanded a Rule 3.850 postconviction motion for ineffective assistance of counsel because the trial court failed to attach record portions cited in its denial order, requiring the trial court on remand to either attach supporting documents or hold a hearing on the facially sufficient claims.
When a trial court denies a Rule 3.850 postconviction motion alleging ineffective assistance of counsel, it must attach to its order the record portions it relies upon to refute facially sufficient claims, or hold a hearing.
[1] A trial court denying a Rule 3.850 postconviction motion must attach to its order the record portions cited as refutation of facially sufficient claims, or alternatively…
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Join FLexlaw to unlock all legal intelligenceAppellant filed a Rule 3.850 motion presenting seven ineffective assistance of trial counsel claims. The trial court denied all claims, citing to reco…
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PER CURIAM.
Appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 seeking posteonvietion relief. He presented seven claims, all of which alleged ineffective assistance of trial'counsel. The trial court denied relief as to all claims and, in support, citied to various portions of the record supposedly attached to its order. However, the cited portions of the record were not, in fact, attached to the order. Because all of appellant’s claims except two are sufficient on their face, we are constrained to reverse as to those facially sufficient claims. See Walker v. State 704 So. 2d 566 (Fla. 1st DCA 1997); Cooper v. State, 700 So. 2d 734 (Fla. 1st DCA 1997). On remand, if the trial court again determines that the claims are conclusively refuted by portions of the record, it shall attach those documents to its order denying relief; otherwise, it shall hold a hearing. We affirm the trial court’s order as to the last two claims raised in appellant’s motion (that trial counsel was ineffective in failing to object when the trial court reread some, but not all, of the instructions to the jury and in failing to object to the language of the information) because those claims are legally insufficient.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
ALLEN, WEBSTER and BROWNING, JJ., Concur.
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Allen v. State, 740 So. 2d 1180 (Fla. 2d DCA 1999)…for postconviction relief. Although the trial court referred to specific attachments purportedly supporting this [*1181] conclusion, those attachments were not included in the record. Normally, this would require us to reverse. See Wilson v. State, 724 So. 2d 189 (Fla. 1st DCA 1999); Driver v. State, 695 So. 2d 1318 (Fla. 2d DCA 1997). In this case, however, the record conclusively shows that Allen’s claims are without merit. We accordingly affirm. See Fla. RApp. P. 9.140(i) (requiring reversal unless record…
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- Cooper v. State, 700 So. 2d 734 (Fla. 1st DCA 1997)
- Walker v. State, 704 So. 2d 566 (Fla. 1st DCA 1997)