JOSE RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Rodriguez appeals a trial court's denial of his Rule 3.850 motion for post-conviction relief claiming ineffective assistance of counsel. The appellate court agrees that certain ineffective assistance claims require an evidentiary hearing because the record cannot conclusively refute allegations about attorney-client communications, and remands for such hearing while affirming the denial as to other claims.
The court reversed the denial and remanded for an evidentiary hearing on five ineffective assistance claims relating to counsel's alleged bias and prejudice, limitations on defendant's right to testify, failure to seek co-counsel, promises regarding sentencing, and failure to communicate a plea offer, because these matters would not be conclusively shown in the record and thus require testimony to be properly evaluated.
[1] A motion for post-conviction relief shall be denied without a hearing if the motion, files, and records in the case conclusively show that the movant is entitled to no re…
[2] A trial court must attach portions of the files and records that conclusively show the movant is entitled to no relief when denying a motion for post-conviction relief wi…
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Join FLexlaw to unlock all legal intelligence“If the motion, files, and records in the case conclusively show that the movant is entitled to no relief, the motion shall be denied without a hearing”
Establishes the legal standard under Florida Rule of Criminal Procedure 3.850(d) for when post-conviction relief may be denied without an evidentiary hearing
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Join FLexlaw to unlock all legal intelligenceRodriguez filed a Rule 3.850 motion for post-conviction relief asserting multiple claims of ineffective assistance of counsel, including allegations r…
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PER CURIAM.
Defendant appeals from a trial court Order denying his Rule 3.850 Motion for Post Conviction Relief claiming that the trial court denied post-conviction relief without an evidentiary hearing where the Record does not refute defendant’s allegations. We agree with part of defendant’s points on appeal and remand for an evidentiary hearing on those claims.
Florida Rule of Criminal Procedure 3.850 provides that “[i]f the motion, files, and records in the case conclusively show that the movant is entitled to no relief, the motion shall be denied without a hearing .... [and] a copy of that portion of the files and records that conclusively shows that the movant is entitled to no relief shall be attached to the order.” Fla.R.Crim.P. 3.850(d). In the instant case, the trial court Order dictates that the Clerk of Court is to attach portions of the Record and file as submitted by the State Attorney’s Office with its Response to Defendant’s Motion for Post Conviction Relief.
After reviewing the Record before us, we find that the Record does not conclusively refute all of defendant’s ineffective assistance claims. Specifically, the first five ineffective assistance claims, addressed in the trial court’s Order denying relief, which relate to defendant’s personal communications and relationship with his attorney, are not, and would likely never be, addressed in the Record. Accordingly, we reverse the Order Denying Defendant’s Motion For Post Conviction Relief and remand for an evidentiary hearing on defendant’s ineffective assistance claims relating to counsel’s alleged bias and prejudice communications with defendant, the alleged limitation on defendant’s right to testify, counsel’s failure to seek co-counsel after he allegedly promised he would, counsel’s alleged promise of a minimal sentence if defendant proceeded with an insanity/intoxication defense and counsel’s alleged failure to communicate a plea offer. Finding no merit to the other issues raised by defendant, including the other ineffective assistance claims, we affirm as to those issues.
Reversed in part, affirmed in part and remanded for further proceedings consistent with this opinion.
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State v. Rodriguez, 990 So. 2d 600 (Fla. 3d DCA 2008)…n relief which was denied by the trial court without an evidentiary hearing. In February 2001, we reversed and directed the trial court to hold an evidentiary hearing with respect to certain issues in Rodriguez’s original motion. Rodriguez v. State, 777 So. 2d 1143 (Fla. 3d DCA 2001). The hearing was commenced on April 24, 2005 but, in order to allow further discovery, was continued and did not resume until September 28, 2007. At the continuation of the hearing, Rodriguez announced that he was abandoning all h…
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LEE v. State, 789 So. 2d 1176 (Fla. 3d DCA 2001)…Maharaj v. State, 684 So. 2d 726, 728 (Fla.1996). Where the record does not conclusively refute post-conviction claims of ineffective assistance of counsel, the defendant is entitled to an evidentiary hearing on those claims. See Rodriguez v. State, 777 So. 2d 1143 (Fla. 3d DCA 2001) (remanding for an evidentiary hearing where record did not specifically refute defendant’s claims of ineffective assistance of counsel). A review of the record before us does not conclusively refute all of Lee’s claims of ineffect…
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Sosataquechel v. State, 246 So. 3d 497 (Fla. 3d DCA 2018)…Patton v. State, 784 So. 2d 380, 386 (Fla. 2000). If the record does not conclusively refute post-conviction claims of ineffective assistance of counsel, the defendant is entitled to an evidentiary hearing on those claims. See Rodriguez v. State, 777 So. 2d 1143 (Fla. 3d DCA 2001). For counsel to have been ineffective, a criminal defendant must demonstrate counsel’s performance was deficient and that the deficient performance prejudiced the defense. See Strickland v. Washington, 466 U.S. 668, 687 (1984).…
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