HIRALDO VALLE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed denial of the first Rule 3.850 claim but reversed and remanded the second claim because the postconviction record did not conclusively refute it, and remanded with leave to file an amended motion.
A postconviction motion under Rule 3.850 cannot be summarily denied when the record does not conclusively refute the defendant's claim, and the trial court must attach supporting documents to any denial order.
[1] A trial court's summary denial of a postconviction motion under Rule 3.850 is improper when the postconviction record does not conclusively refute the defendant's claim,…
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Join FLexlaw to unlock all legal intelligenceValle appealed an order denying a combined motion under Florida Rules of Criminal Procedure 3.850 and 3.800(a). The State conceded that the postconvic…
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This is an appeal of an order denying a combined motion under Florida Rules of Criminal Procedure 3.850 and 3.800(a). We affirm with regard to the first claim but, as conceded by the State, with leave for defendant-appellant Valle to file an amended motion if he has a good faith basis to do so. See Spera v. State, 971 So.2d 754 (Fla.2007). The defendant shall file the amended motion, if any, within sixty days after the issuance of this court’s mandate.
With regard to the second claim, the State concedes that the present postcon-viction record does not conclusively refute the claim. While the State contended in its trial court response that the defendant pled guilty to the offense of kidnapping, not armed kidnapping, neither the State’s trial court response nor the court’s order attached the judgment. Because the post-conviction record now before does not conclusively refute the defendant’s claim, see Fla. R.App. P. 9.141(b)(2)(D), we remand for further consideration of the second claim. If the trial court again summarily denies the claim, it shall attach to the denial order the documents which conclusively refute the defendant’s claim.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.
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Cited By
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Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)