TRAY C. RUDOLPH
v.
STATE
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When a trial court summarily denies a postconviction motion under Florida Rule of Criminal Procedure 3.850, it must either attach sufficient records supporting the summary denial or hold an evidentiary hearing on grounds raising factual disputes.
[1] A trial court's summary denial of a postconviction relief motion under Florida Rule of Criminal Procedure 3.850 must be supported by sufficient attached records; if recor…
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Join FLexlaw to unlock all legal intelligenceTray Charles Rudolph, a pro se appellant, filed a postconviction relief motion under Florida Rule of Criminal Procedure 3.850 raising twelve grounds f…
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PER CURIAM.
Tray Charles Rudolph appeals the order summarily denying his motion for postconviction relief which raised twelve grounds for relief. See Fla. R. Crim. P. 3.850.
We reverse the summary denial of the first ground for relief and remand for the postconviction court to either attach sufficient records to support a summary denial or to hold an evidentiary hearing. See Hird v. State, 204 So. 3d 483, 485 (Fla. 5th DCA 2016) (citing Burgos v. State, 181 So. 3d 572 (Fla. 5th DCA 2015)). We affirm the summary denial of the remaining grounds. We note that review of grounds three through twelve has been waived. See Braddy v. State, 219 So. 3d 803, 825 (Fla. 2017) (citing Duest v.
Dugger, 555 So. 2d 849, 852 (Fla. 1990)).
AFFIRMED in part; REVERSED in part, REMANDED. PALMER, TORPY and EISNAUGLE, JJ., concur.
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Authorities Cited
- Duest v. Dugger, 555 So. 2d 849 (Fla. 1990)
- Jabari Markeith Hird v. State, 204 So. 3d 483 (Fla. 5th DCA 2016)
- Harrel Franklin Braddy v. State, 219 So. 3d 803 (Fla. 2017)
- Burgos v. State, 181 So. 3d 572 (Fla. 5th DCA 2015)