WILBERT MOORE, JR.
v.
STATE OF FLORIDA
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A trial court cannot summarily deny a 3.850 motion without either holding an evidentiary hearing or attaching record materials that conclusively refute the ineffective assistance claims.
[1] A trial court may not summarily deny a 3.850 motion for ineffective assistance of counsel unless it attaches portions of the record that conclusively refute the claims or…
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Join FLexlaw to unlock all legal intelligenceWilbert Moore, Jr. appealed a trial court's summary denial of his 3.850 motion challenging his conviction. The trial court denied the motion without h…
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_____________________________ On appeal from the Circuit Court for Duval County. Waddell A. Wallace, Judge.
February 18, 2019 PER CURIAM.
Appellant challenges the trial court’s summary denial of his 3.850 motion. We agree with Appellant that the court failed to attach portions of the record that conclusively establish that Appellant is not entitled to relief. We reverse the trial court’s order and remand for the court to hold an evidentiary hearing on Appellant’s ineffective assistance claim, or to attach portions of the record (not merely the State’s response to the motion) that conclusively refute Appellant’s claims. Morrison v. State, 860 So. 2d 458, 460 (Fla. 1st DCA 2003); see Skellie v. State, 849 So. 2d 1220, 1221 (Fla. 5th DCA 2003).
RAY, KELSEY, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Wilbert Moore, Jr., pro se, Appellant. Ashley B. Moody, Attorney General; Trisha Meggs Pate, Assistant Attorney General; and Robert Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Morrison v. State, 860 So. 2d 458 (Fla. 1st DCA 2003)
- Skellie v. State, 849 So. 2d 1220 (Fla. 5th DCA 2003)