DARRELL WILLIAMS
v.
STATE OF FLORIDA
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When a trial court summarily denies a rule 3.850 motion for postconviction relief, it must either attach court records that conclusively refute the claims or conduct an evidentiary hearing.
[1] When a trial court summarily denies a rule 3.850 motion for postconviction relief based on records in the case, copies of the portions of the files and records that concl…
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Join FLexlaw to unlock all legal intelligence“To uphold the summary denial [of a rule 3.850 motion for postconviction relief], 'the claims must be either facially invalid or conclusively refuted by the record.'”
Court citing Hird v. State and Peede v. State regarding the standard for summary denial
Darrell Williams filed a rule 3.850 motion for postconviction relief raising twelve grounds. The postconviction court summarily denied the motion with…
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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
DARRELL WILLIAMS,
Appellant,
v. Case No. 5D19-703
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed August 16, 2019
3.850 Appeal from the Circuit Court for Orange County, John E. Jordan, Judge.
Darrell Williams, Quincy, pro se.
Ashley Moody, Attorney General, Tallahassee, and, Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee
PER CURIAM.
Darrell Williams appeals the postconviction court’s summary denial of his Florida Rule of Criminal Procedure 3.850 Motion for Postconviction Relief. Williams raised twelve grounds for relief in his motion. We affirm the summary denial of grounds one, two, and eleven without further discussion.
2
As to the remaining grounds, because the postconviction court did not attach any court records to its denial order, we reverse and remand for the court either to attach such records to its order that conclusively refute these claims or to conduct an evidentiary hearing.1 See Hird v. State, 204 So. 3d 483, 484 (Fla. 5th DCA 2016) (“To uphold the summary denial [of a rule 3.850 motion for postconviction relief], ‘the claims must be either facially invalid or conclusively refuted by the record.’” (quoting Peede v. State, 748 So. 2d 253, 257 (Fla. 1999))); see also Fla. R. Crim. P. 3.850(f)(5) (“If the [summary] denial is based on the records in the case, a copy of that portion of the files and records that conclusively shows that the defendant is entitled to no relief shall be attached to the final order.”).
AFFIRMED in part, REVERSED in part, and REMANDED.
EVANDER, C.J., LAMBERT and SASSO, JJ., concur.