TERRENCE JEFFERSON
v.
STATE
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Terrence Jefferson appealed the summary denial of his motion for postconviction relief alleging ineffective assistance of trial counsel. The Third District Court of Appeal reversed and remanded because the lower court failed to attach specific parts of the record refuting each claim in the motion, as required by Florida law.
The court reversed and remanded because the trial court failed to attach those specific parts of the record that refute each claim presented in the motion. On remand, the trial court must either attach record excerpts conclusively showing the appellant is not entitled to relief, or conduct an evidentiary hearing if no such determination can be made from the record.
[1] When a trial court summarily denies a Rule 3.850 postconviction motion alleging ineffective assistance of counsel, it must attach specific excerpts from the record that c…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the lower court failed to 'attach those specific parts of the record that refute each claim presented in the motion'”
Court's explanation of the trial court's error
Terrence Jefferson filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, raising claims of ineffective assistance o…
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Opinion filed April 14, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D20-1788 Lower Tribunal No. F14-554 ________________
Terrence Jefferson,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge. Terrence Jefferson, in proper person. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee. Before SCALES, MILLER, and LOBREE, JJ. PER CURIAM.
Appellant, Terrence Jefferson, challenges the summary denial of his motion for postconviction relief alleging ineffective assistance of trial counsel pursuant to Florida Rule of Criminal Procedure 3.850. Because the lower court failed to “attach those specific parts of the record that refute each claim presented in the motion,” we reverse and remand with directions to reconsider the issues and for the attachment of appropriate portions of the record that conclusively refute the allegations, or, if no such determination can be reached from the record, for an evidentiary hearing. Anderson v. State, 627 So. 2d 1170, 1171 (Fla. 1993) (citation omitted); see, e.g., Ross
v. State, 26 So. 3d 83, 84 (Fla. 3d DCA 2010) (“If the trial court again enters
an order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief on the stated claims.”); Barber v. State, 951 So. 2d 49, 50 (Fla. 3d DCA 2007); Thermidor v. State, 947 So. 2d 1253 (Fla. 3d DCA 2007).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anderson v. State, 627 So. 2d 1170 (Fla. 1993)
- Thermidor v. State, 947 So. 2d 1253 (Fla. 3d DCA 2007)
- Dyrren Barber v. State, 951 So. 2d 49 (Fla. 3d DCA 2007)
- Ross v. State, 26 So. 3d 83 (Fla. 3d DCA 2010)