JULIO S. CENDEJAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Julio Cendejas appeals the summary denial of his postconviction motion for relief based on three claims of ineffective assistance of trial counsel and cumulative error. The Florida Second District Court of Appeal reversed and remanded because the postconviction court failed to attach the record documents it relied upon to refute his claims, violating procedural requirements.
The court reversed and remanded because the postconviction court failed to attach the pertinent portions of the record that conclusively refuted the ineffective assistance claims. On remand, the postconviction court must either attach the record documents that refute each claim or grant an evidentiary hearing, and must reconsider the cumulative error claim after resolving the underlying ineffective assistance claims.
[1] A postconviction court must attach record documents to its order when summarily denying claims of ineffective assistance of counsel to conclusively refute the allegations…
[2] If a postconviction court summarily denies claims of ineffective assistance of counsel, it must either attach the pertinent record portions that conclusively refute each…
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Join FLexlaw to unlock all legal intelligence“Because the postconviction court failed to attach to its order those portions of the record which it found conclusively refuted the allegations of Mr. Cendejas' ineffective assistance claims, we must reverse the summary denial of those claims and remand for further proceedings.”
Establishes the core procedural requirement that record documents must be attached when summarily denying postconviction relief claims.
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Join FLexlaw to unlock all legal intelligenceCendejas filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 following his guilty plea to several offenses. He rai…
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Julio Cendejas appeals an order summarily denying his motion for , postconviction relief, which he filed under Florida Rule of Criminal Procedure 3.850 following his guilty plea to several offenses. We reverse the postconviction court’s order and remand for further proceedings.
In his motion, Mr. Cendejas raised three claims of ineffective assistance of trial counsel and one claim of cumulative error based upon the cumulative effect of the *448three ineffective assistance claims. In summarily denying relief on each of the ineffective assistance claims, the postconviction court relied upon the fact that Mr. Cendejas had entered into a guilty plea, thereby waiving certain rights, and upon various documents in the record to conclusively refute the allegations in his motion. However, the court failed to attach any record documents to its order. Our record consists of Mr. Cendejas’ motion and the postconviction court’s order.
Because the postconviction court failed to attach to its order those portions of the record which it found conclusively refuted the allegations of Mr. Cendejas’ ineffective assistance claims, we must reverse the summary denial of those claims and remand for further proceedings. See Fla. R. App. P. 9.141(b)(2)(D). If the postconviction court again summarily denies those claims, it must attach the pertinent portions of the record that conclusively refute each claim or grant Mr. Cendejas an evi-dentiary hearing. See Fla. R. Crim. P, 3.850(f)(5), (8).1 We also reverse the summary denial of the cumulative error claim, which the postconviction court must reconsider after it has resolved the ineffective assistance claims on remand. See Flint v. State, 84 So.3d 469, 471 (Fla. 2d DCA 2012).
Reversed and remanded.
KHOUZAM and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hernandez v. State, 124 So. 3d 757 (Fla. 2012)
- Flint v. State, 84 So. 3d 469 (Fla. 2d DCA 2012)
- Blue v. State, 159 So. 3d 242 (Fla. 3d DCA 2015)