GREGORY FERRARO
v.
STATE OF FLORIDA
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The trial court properly denied the rule 3.850 motion without holding an evidentiary hearing on the ineffective assistance of counsel claims.
[1] When a defendant raises a claim of ineffective assistance of counsel based on trial strategy in a rule 3.850 motion, the trial court must hold an evidentiary hearing befo…
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Join FLexlaw to unlock all legal intelligence“A trial court cannot deny a motion for post-conviction relief by finding that defense counsel's decision was tactical or trial strategy without first holding an evidentiary hearing.”
Justice Warner's dissenting opinion, citing Button v. State, 941 So. 2d 531, 533 (Fla. 4th DCA 2006)
Gregory Ferraro appealed an order denying his rule 3.850 post-conviction motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie …
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Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Gary L. Sweet, Judge; L.T. Case No. 562011CF002629C.
Gregory Ferraro, Fort Pierce, pro se. No appearance required for appellee. PER CURIAM.
Affirmed. FORST and KLINGENSMITH, JJ., concur. WARNER, dissents with opinion. WARNER, J., dissenting.
On this record, I would reverse and remand for an evidentiary hearing on grounds one through three, as the record does not conclusively refute the claim of ineffective assistance as to counsel’s trial strategy. See Button v. State, 941 So. 2d 531, 533 (Fla. 4th DCA 2006) (“A trial court cannot deny a motion for post-conviction relief by finding that defense counsel’s decision was tactical or trial strategy without first holding an evidentiary hearing.”).
* * * Not final until disposition of timely filed motion for rehearing.