JOSE RAMON LOPEZ
v.
STATE OF FLORIDA
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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 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…
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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.”
Court's statement of the legal standard for postconviction relief hearings, citing Freeman v. State.
Jose Ramon Lopez filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The trial court summarily denied the m…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JOSE RAMON LOPEZ, Appellant, v. Case No. 5D18-2679 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 18, 2019 3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Jose Ramon Lopez, Crawfordville, pro se. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Jose Ramon Lopez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in all respects except as to ground two. We reverse the summary denial of ground two and remand for an evidentiary hearing as the claim was facially sufficient and the record does not conclusively refute it. 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)
2 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. WALLIS, GROSSHANS and SASSO, 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)