QUINCY JONES
v.
STATE OF FLORIDA
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A defendant is entitled to an evidentiary hearing on a postconviction relief motion when the motion, files, and records do not conclusively show the defendant is entitled to no relief.
[1] When the record is ambiguous regarding whether trial counsel learned of an alleged discovery violation before or after trial concluded, summary denial of a postconviction…
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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 motions, citing Freeman v. State.
Quincy Jones appealed the summary denial of his Rule 3.850 motion alleging ineffective assistance of counsel. Jones claimed trial counsel failed to no…
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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
QUINCY JONES,
Appellant,
v. Case No. 5D18-2291
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 6, 2019
3.850 Appeal from the Circuit Court for Orange County, John Marshall Kest, Judge.
James S. Purdy, Public Defender, and Shawna R. Moyers, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Quincy Jones appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief alleging ineffective assistance of counsel. Because the records attached to the order do not conclusively refute Jones’s claim in Ground Six that trial counsel was ineffective for failing to notify the trial court
2 during the trial of a discovery violation and request a Richardson1 hearing on the State’s alleged coercion of James Phillips’s testimony,2 we reverse the order under review and remand for attachment of portions of the record conclusively refuting Jones’s claim, or in the absence of such records, 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))). We affirm in all other respects.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED.
ORFINGER and HARRIS, JJ., and JACOBUS, B.W., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Richardson v. State, 246 So. 2d 771 (Fla. 1971)
- Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)