CARLOS WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2010-05-21
No. 2D09-763
WHATLEY and LaROSE, JJ„ Concur.
34 So. 3d 806 Florida District Court of Appeal, Second District (2010) Positive Treatment
Cited by 9 cases

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Synopsis

Carlos Watson appealed the denial of his motion to vacate his conviction for aggravated battery, burglary, and aggravated assault. The appellate court reversed because the postconviction court summarily denied his motion without addressing the merits of his ineffective assistance of counsel, Brady violation, and cumulative error claims.


Holding

The postconviction court erred by summarily denying the motion without addressing claims two through five on their merits or determining they were facially insufficient. A postconviction court may only summarily dispose of a claim if it determines the claim is facially insufficient or refuted by the record, neither of which occurred here.


Headnotes

[1] A postconviction court must address each claim raised in a motion to vacate judgment, rather than summarily denying the entire motion based on the defendant's failure to…

[2] A postconviction court may only summarily dispose of a claim if it is facially insufficient or conclusively refuted by the record.

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Key Quotes

“The postconviction court may only summarily dispose of a claim in a rule 3.850 motion if it has determined either that the claim is facially insufficient or that it is refuted by the record as supported by record attachments.”

Establishes the legal standard for summary denial of postconviction motions

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Facts & Procedural History

Watson was convicted of aggravated battery, burglary, and aggravated assault. He filed a motion to vacate his judgment of conviction raising five clai…

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Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Carlos Watson challenges the postcon-viction court’s Order Denying Motion to Vacate Judgment of Conviction and Sentence. Because the postconviction court failed to consider the alleged claims of error and ineffective assistance, we reverse.

After his conviction and sentence for aggravated battery, burglary, and aggravated assault, Watson filed his Motion to Vacate Judgment of Conviction and Sentence with Special Request for Leave to Amend and For Evidentiary Hearing. The trial court dismissed the initial motion as it was unsworn; however, Watson filed an amended motion correcting that deficiency.

Watson’s amended motion raised five claims. The first claim was not an actual claim of error but rather a request for additional time to file an amended motion. Claims two and three raised ineffective assistance of counsel, claim four raised a Brady1 violation, and claim five alleged cumulative error.

In his first claim, Watson alleged that he was being denied his rights to adequate postconviction representation by the refusal of certain state agencies to respond to his records requests. Watson explained that the two-year time period for filing a motion pursuant to rule 3.850 was about to expire but that he needed additional time to pursue those requests. He therefore timely filed the motion but sought an extension of time in which to amend the motion with the information gleaned from the responses to his records requests. He also asked that he be determined indigent so that his discovery costs would be provided.

The postconviction court granted the requested extension, allowing Watson thirty days within which to amend his motion, but the court denied Watson’s request for the indigency determination. The order did not address any of the allegations in claims two through five.

After receiving the response to his records requests, Watson advised the post-conviction court that he did not intend to file an amended or supplemental motion. Based on this information, the postconviction court summarily denied the entire motion without any discussion or reference to any portions of the record. The court’s order merely stated: “Defendant chose not [to] amend his motion. It is therefore ORDERED AND ADJUDGED that the *808Defendant’s motion is DENIED.” This was error.

The postconviction court may only summarily dispose of a claim in a rule 3.850 motion if it has determined either that the claim is facially insufficient or that it is refuted by the record as supported by record attachments.2 See Griggs v. State, 995 So.2d 994, 995 (Fla. 1st DCA 2008) (“We review the summary denial of claims for postconviction relief to determine whether the claims are legally sufficient and whether they are conclusively refuted by the record.”). Here, however, the court never addressed claims two through five and instead denied the entire motion because Watson did not file an amended motion.3

Accordingly, we reverse the postconviction court’s order denying Watson’s rule 3.850 motion and remand the case for consideration of each previously unaddressed claim.

Reversed and remanded.

WHATLEY and LaROSE, JJ„ Concur.


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Citator

Cited By

  • Hanania v. State, 264 So. 3d 317 (Fla. 2d DCA 2019)
  • Cendejas v. State, 250 So. 3d 851 (Fla. 2d DCA 2018)
  • Roberts v. State (Fla. 2d DCA 2018)
    …of a motion for postconviction relief de novo. Martin v. State, 205 So. 3d 811, 812 (Fla. 2d DCA 2016). Our task is "to determine whether the claims are legally sufficient and whether they are conclusively refuted by the record." Watson v. State, 34 So. 3d 806, 808 (Fla. 2d DCA 2010) (quoting Griggs v. State, 995 So. 2d 994, 995 (Fla. 1st DCA 2008)). "When a postconviction court summarily denies a defendant's motion without an evidentiary hearing, an appellate court 'must accept a defendant's factual all…

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