WILLIE JAMES JONES
v.
STATE OF FLORIDA
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Willie James Jones appealed the summary denial of his Rule 3.850 postconviction motion. The appellate court reversed and remanded on one ground regarding the admissibility of child hearsay statements, finding the postconviction court failed to attach conclusive records refuting his allegations, while affirming on all other grounds.
The court reversed and remanded on Ground 2(d) because the postconviction court failed to attach records conclusively refuting the appellant's allegations regarding child hearsay admissibility. On remand, the postconviction court must either attach such conclusive records or conduct an evidentiary hearing. All other grounds and issues were affirmed.
[1] On review of a summary denial of a Rule 3.850 postconviction motion involving child hearsay admissibility, the postconviction court must attach complete records conclusiv…
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Join FLexlaw to unlock all legal intelligence“As to Ground 2(d) regarding admissibility of child hearsay statements, we reverse and remand for further proceedings as the postconviction court failed to attach records conclusively refuting Appellant's allegations, despite having referred to portions of the transcript of the hearing regarding the use of child hearsay.”
Establishes the court's reversal on Ground 2(d) and the basis for reversal—the failure to attach conclusive records.
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Join FLexlaw to unlock all legal intelligenceWillie James Jones filed a Florida Rule of Criminal Procedure 3.850 postconviction motion raising multiple grounds for relief. Ground 2(d) specificall…
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December 20, 2024 PER CURIAM.
Appellant, Willie James Jones, appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. As to Ground 2(d) regarding admissibility of child hearsay statements, we reverse and remand for further proceedings as the postconviction court failed to attach records conclusively refuting Appellant’s allegations, despite having referred to portions of the transcript of the hearing regarding the use of child hearsay. On remand, the postconviction court shall either attach records
conclusively refuting Appellant’s claims in Ground 2(d) or conduct an evidentiary hearing. See White v. State, 225 So. 3d 321 (Fla. 5th DCA 2017), Fla. R. Crim. P. 3.850(f), and Fla. R. App. P. 9.141(b)(2)(D). We affirm as to all other grounds and issues.
AFFIRMED, in part; REVERSED, in part; Remanded for further proceedings. EDWARDS, C.J., and KILBANE and PRATT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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