AMADOR MALDONADO
v.
STATE
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A defendant is entitled to an evidentiary hearing on a Rule 3.850 postconviction motion if the record does not conclusively refute a claim of ineffective assistance of counsel.
[1] A trial court may not summarily deny a claim of ineffective assistance of counsel in a Rule 3.850 postconviction relief motion unless the record conclusively refutes the…
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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.”
Standard for when evidentiary hearing is required on Rule 3.850 motion
Amador Maldonado appealed the summary denial of his Rule 3.850 postconviction relief motion, which raised eight grounds for relief. The trial judge su…
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PER CURIAM.
Amador Maldonado 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 One, Two, Three, Four, Five, Seven, and Eight. However, because the record does not conclusively refute Maldonado’s claim that counsel was ineffective for failing to investigate and call witnesses, we reverse the summary denial of Ground Six 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 EISNAUGLE, 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)