DIEVLESE WILLIAMS
v.
STATE
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A defendant is entitled to an evidentiary hearing on a postconviction relief motion unless the motion, files, and records conclusively show the prisoner is entitled to no relief or the motion is legally insufficient.
[1] A trial court must hold an evidentiary hearing on a postconviction relief motion unless the motion, files, and records conclusively demonstrate that the prisoner is entit…
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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.”
The court cited Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) to establish the standard for summary denial of postconviction relief motions.
Dievlese Williams filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 raising two grounds. The trial court summari…
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PER CURIAM.
Dievlese Williams appeals the summary denial of both grounds raised in his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Ground Two. However, we reverse the summary denial of Ground One and remand for attachment of portions of the record 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.”).
AFFIRMED in part, REVERSED in part, and REMANDED.
SAWAYA, ORFINGER and EDWARDS, JJ., concur.