NEVIN BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Nevin Baker appeals the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850. The Fifth District Court of Appeal affirms the denial of three grounds but reverses the summary denial of Ground Two because the record does not conclusively refute Baker's allegation, requiring either record excerpts or an evidentiary hearing.
Grounds One, Three, and Four are affirmed without discussion. Ground Two's summary denial is reversed because the allegation is not conclusively refuted by the record, and the case is remanded for either attachment of record excerpts conclusively refuting the claim or for an evidentiary hearing.
[1] A motion for postconviction relief must be granted an evidentiary hearing unless the motion, files, and records conclusively show the prisoner is entitled to no relief or…
[2] A claim in a postconviction relief motion is not conclusively refuted by the record when the trial court's reasoning does not account for a defendant's stipulation to a p…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”
Establishes the legal standard for when a defendant must receive an evidentiary hearing on postconviction relief claims.
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Join FLexlaw to unlock all legal intelligenceBaker filed a postconviction relief motion raising four grounds for relief. The trial court summarily denied all grounds, including Ground Two, which …
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Nevin Baker appeals the denial of his legally sufficient motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of Grounds One, Three,1 and Four without further discussion. However, because the allegation contained within Ground Two is not conclusively refuted by the record, we reverse the summary denial of this ground and remand for attachment of record excerpts conclusively refuting this claim or for an evidentiary hearing.2 See Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or- (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So.2d 726 (Fla.1996))).
AFFRIMED in part,-REVERSED-in part, and REMANDED.'
PALMER, BERGER and LAMBERT, JJ., concur. ■ ■ -
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- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)
- Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)
- Phillips v. State, 719 So. 2d 882 (Fla. 1998)
- Shere v. State, 742 So. 2d 215 (Fla. 1999)
- State v. Harbaugh, 754 So. 2d 691 (Fla. 2000)
- State v. Narcisco Rodriguez, 575 So. 2d 1262 (Fla. 1991)