PAUL F. MAGEE
v.
STATE
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A trial court's summary denial of a Rule 3.850 post-conviction motion is proper if the motion is not facially sufficient, but when a claim of ineffective assistance of counsel is facially sufficient, an evidentiary hearing is required unless the record conclusively refutes the claim.
[1] A claim of ineffective assistance of counsel raised in a Rule 3.850 post-conviction motion is facially sufficient to warrant an evidentiary hearing if it satisfies the ap…
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Join FLexlaw to unlock all legal intelligence“On remand, the court must either conduct an evidentiary hearing or attach portions of the record which conclusively refute Magee's ineffective assistance of counsel claim raised in ground three.”
Court's instruction regarding the remedy on remand
Paul Frederick Magee appealed the summary denial of a Rule 3.850 post-conviction motion raising four grounds for relief. The trial court denied all fo…
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PER CURIAM. Paul Frederick Magee appeals the final order entered by the trial court summarily denying his motion seeking post-conviction relief, filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. The motion raised four grounds for relief, and all were denied by the trial court. On appeal, Magee challenges the summary denial of the first and third grounds, arguing they were facially sufficient and warranted an evidentiary hearing. We affirm as to the court's denial of the first ground; however, we reverse as to the denial of the third ground. On remand, the court must either conduct an evidentiary hearing or attach portions of the record which conclusively refute Magee's ineffective assistance of counsel claim raised in ground three. See Nelson v. State, 73 So. 3d 77, 84 (Fla. 2011). AFFIRMED in part; REVERSED in part; REMANDED. PALMER, LAMBERT and EDWARDS, JJ., concur.