JERRY GALLION, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the trial court's denial of postconviction relief on three grounds but reversed and remanded on six grounds because the trial court summarily denied them without attaching record portions conclusively refuting the claims.
A trial court must either attach portions of the record conclusively refuting postconviction relief claims or hold an evidentiary hearing; summary denial without such record attachments is reversible error.
[1] A trial court must attach portions of the record conclusively refuting postconviction relief claims or hold an evidentiary hearing; summary denial without such attachment…
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Join FLexlaw to unlock all legal intelligence“If the postconviction defendant's claims are legally sufficient, the trial court must attach portions of the record that conclusively refute the claims.”
Establishing the procedural requirement for summary denial of postconviction relief claims.
Jerry Gallion filed a postconviction relief motion under Florida Rule of Criminal Procedure 3.850 raising nine grounds for relief. The trial court hel…
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Appellant, Jerry Gallion, appeals an order denying his postconviction relief motion which he filed pursuant to Florida Rule of Criminal Procedure 3.850. We find no error in the trial court’s denial of relief as to Grounds 1, 3, and 6 following an evidentiary hearing. However, because the trial court summarily denied Grounds 2, 4, 5, 7, 8, and 9 without attaching portions of the record conclusively refuting the claims, a fact acknowledged by the State, we reverse and remand with instructions that the court either attach such portions of the record or hold an evidentia-ry hearing on the claims. See Wainwright v. State, 896 So.2d 695, 698 (Fla.2004) (noting that a defendant is entitled to an evi-dentiary hearing on a postconviction relief claim unless the motion and record conclusively show that he or she is entitled to no relief or where the claim is legally insufficient); Simmons v. State, 66 So.3d 327, 327-28 (Fla. 1st DCA 2011) (reversing for record attachments or for an evidentiary hearing where the trial court failed to assemble a record from which it could be conclusively determined that the appellant was not entitled to any relief on his facially sufficient rule 3.850 claim); Washington v. State, 10 So.3d 1126, 1127 (Fla. 1st DCA 2009) (“If the postconviction defendant’s claims are legally sufficient, the trial court must attach portions of the record that conclusively refute the claims.”).
AFFIRMED in part; REVERSED in part; and REMANDED with instructions.
LEWIS, C.J., VAN NORTWICK and SWANSON, JJ., concur.
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Citator
Authorities Cited
- Wainwright v. State, 896 So. 2d 695 (Fla. 2004)
- Kirkland Washington v. State, 10 So. 3d 1126 (Fla. 1st DCA 2009)
- Simmons v. State, 66 So. 3d 327 (Fla. 1st DCA 2011)