MANOLO MARTINEZ
v.
STATE
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A defendant is entitled to an evidentiary hearing on a postconviction relief claim unless the motion, files, and records conclusively show entitlement to no relief or the claim is legally insufficient.
[1] A trial court must grant an evidentiary hearing on a postconviction relief motion unless the motion, files, and records conclusively show the defendant is entitled to no…
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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.”
Court explaining the standard for when summary denial of postconviction relief is appropriate.
Manolo Martinez filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 raising four grounds of ineffective assistance…
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PER CURIAM.
Manolo Martinez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Two,
Three, and Four. However, because the record does not conclusively refute Martinez’s claim that counsel was ineffective for failing to file a motion to suppress the wiretap of his phone conversations, we reverse the summary denial of Ground One and remand for attachment of portions of the record conclusively refuting that claim or for an evidentiary hearing. 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))).
AFFIRMED in part; REVERSED in part; and REMANDED.
SAWAYA, BERGER and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)
- Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)