EDDIE GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2005-06-01
No. 2D05-1137
ALTENBERND, C.J., and NORTHCUTT and VILLANTI, JJ., Concur.
902 So. 2d 353 Florida District Court of Appeal, Second District (2005) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Eddie Green appeals an order summarily denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court ruled that this motion, filed on November 3, 2004, was successive as a result of a motion that the trial court denied in 1991. It appears that Mr. Green’s crime was committed in 1989 and that he was sentenced on a violation of probation in November 2002. Mr. Green’s November 3, 2004, motion for postconviction relief argues that his attorney was ineffective at the plea hearing on the violation of probation. Thus, this motion is not successive to the one denied in 1991. The trial court therefore denied this motion for an improper reason. Without additional information, we cannot review the merits of this motion.

Reversed and remanded.

ALTENBERND, C.J., and NORTHCUTT and VILLANTI, JJ., Concur.


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Citator

Cited By

  • Krautheim v. State, 38 So. 3d 802 (Fla. 2d DCA 2010)
    …, the circuit court must either grant ‘an evidentiary hearing or accept the defendant’s allegations ... as true [unless] they are conclusively refuted by the record.’ ” White, 15 So. 3d at 835 (second alteration in original) (quoting Bayer v. State, 902 So. 2d 353, 354 (Fla. 2d DCA 2005)). Mr. Krautheim’s allegations in his motion raised the issue of the voluntariness of his plea based upon his misunderstanding about his possible sentences. Although counsel was understandably reticent in the motion, a fair re…
  • White v. State, 15 So. 3d 833 (Fla. 2d DCA 2009)
    …CA 2004). If the motion to withdraw plea is facially sufficient, the circuit court must either grant “ ‘an evidentiary hearing or accept the defendant’s allegations ... as true [unless] they are conclusively refuted by the record.’ ” Bayer v. State, 902 So. 2d 353, 354 (Fla. 2d DCA 2005) (quoting Boule, 884 So. 2d at 1024); see also Townsend v. State, 927 So. 2d 1064, 1065 (Fla. 4th DCA 2006). Mr. White’s motion was facially sufficient. See Garcia v. State, 846 So. 2d 660, 661 (Fla. 2d DCA 2003) (holding tha…
  • Escobar v. State, 126 So. 3d 277 (Fla. 3d DCA 2011)
    …ccept the defendant’s allegations ... as true [unless] they are conclusively refuted by the record.’ ” Krautheim, 38 So. 3d at 805 (citing White v. State, 15 So. 3d 833, 835 (Fla. 2d DCA 2009) (second alteration in original) (quoting Bayer v. State, 902 So. 2d 353, 354 (Fla. 2d DCA 2005))). It is only after such a hearing, if the trial court finds conflict has arisen between the defendant and his trial counsel in the continued representation by trial counsel, the defendant is entitled to conflict-free counse…

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