MARY QUEEN
v.
STATE OF FLORIDA
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When a trial court denies a Rule 3.850 postconviction motion on grounds that are facially sufficient, it must attach portions of the record conclusively refuting those allegations or conduct an evidentiary hearing.
[1] In reviewing a Rule 3.850 postconviction motion that is facially sufficient, a trial court must either attach portions of the record conclusively refuting the allegations…
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Join FLexlaw to unlock all legal intelligence“However, in cases where there has been no evidentiary hearing, we must accept the factual allegations made by the defendant to the extent that they are not refuted by the record.”
Footnote 1 explaining the standard for reviewing postconviction motions without evidentiary hearings
Mary Queen appealed the summary denial of her amended Rule 3.850 motion for postconviction relief. The trial court found all grounds facially insuffic…
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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
Case No. 5D21-474 MARY QUEEN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 16, 2021 3.850 Appeal from the Circuit Court for Orange County, Elaine A. Barbour, Judge. Mary Queen, Ocala, pro se. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Mary Helen Queen appeals from the summary denial of her amended Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. As to the initial motion, the postconviction court found that all grounds were facially insufficient,
2 and provided Appellant one opportunity to replead in an amended motion. We find that the trial court correctly denied grounds1, 4, 5, 6, 7, and 8 as facially insufficient; thus, we affirm as to those. We find that Grounds 2 and 3 were facially sufficient. In its order denying them, the trial court failed to attach documents conclusively refuting the allegations therein.1 EVANDER, EDWARDS and SASSO, JJ., concur.1 The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. Mere conclusory allegations are not sufficient to meet this burden. See Kennedy v. State, 547 So. 2d 912 (Fla. 1989). However, in cases where there has been no evidentiary hearing, we must accept the factual allegations made by the defendant to the extent that they are not refuted by the record. See Peede v. State, 748 So. 2d 253 (Fla. 1999); Valle v. State, 705 So. 2d 1331 (Fla. 1997). We must examine each claim to determine if it is legally sufficient, and, if so, determine whether or not the claim is refuted by the record. Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)
- Kennedy v. State, 547 So. 2d 912 (Fla. 1989)
- Valle v. State, 705 So. 2d 1331 (Fla. 1997)
- Alton Eugene James v. State, 717 So. 2d 1086 (Fla. 5th DCA 1998)