JASON ROUSE
v.
STATE OF FLORIDA
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A defendant is entitled to an evidentiary hearing on a postconviction relief motion when the record does not conclusively refute a facially sufficient claim regarding counsel's misrepresentation about sentencing.
[1] A defendant is entitled to an evidentiary hearing on a postconviction relief motion unless the motion, files, and records in the case conclusively show that the prisoner…
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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 citing Freeman v. State standard for postconviction relief hearings
Jason Rouse appealed the summary denial of his Rule 3.850 postconviction relief motion. Rouse claimed he would not have entered his plea but for his t…
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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
JASON ROUSE,
Appellant,
v. Case No. 5D19-2119
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 11, 2019
3.850 Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge.
Christopher T. Cochran, of the Law Office of Christopher T. Cochran, Melbourne, for Appellant.
No Appearance for Appellee.
PER CURIAM.
Jason Rouse appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the attached record does not conclusively refute Rouse’s facially sufficient claim that he would not have entered a plea save for his trial counsel’s representation that his sentence would run concurrently with his pending sentence in his Brevard County case, we reverse the summary denial and remand for attachment of portions of the record conclusively refuting
2 his claim or for an evidentiary hearing. 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) 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))).
REVERSED and REMANDED.
ORFINGER and EISNAUGLE, JJ., and JACOBUS, B.W., Senior Judge, 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)