JOHN B. GREEN, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court reversed a lower court's denial of a hearing on a motion filed under Criminal Procedure Rule No. 1. The court found that the motion alleged a prima facie case for relief, and the record did not refute these allegations, thus entitling the movant to a hearing.
Yes, the lower court erred in denying the hearing. The appellant is entitled to a prompt hearing as provided by the rule because the motion and record did not conclusively show he was entitled to no relief.
“Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the prosecuting attorney of the court, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.”
This quote from Criminal Procedure Rule No. 1 establishes the standard for when a hearing must be granted.
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Join FLexlaw to unlock all legal intelligenceThe appellant appealed an order from the Criminal Court of Record of Duval County that denied a hearing on his motion. The motion, filed under Crimina…
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This appellant appeals an order entered by the Criminal Court of Record of Duval County, Florida, wherein Judge Layton of that court denied a hearing upon the contents of his motion. The subject motion clearly alleges a prima facie case entitling the movant to relief in accordance with the provisions of Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The record in the cause does not refute the allegations set forth by petitioner. Therefore, in accordance with the language of said rule— “ * * * Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the prosecuting attorney of the court, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. * * * ” appellant is entitled to a prompt hearing.
The trial court arbitrarily refused to so comply with the material provisions of the *827rule in this cause. The order of the trial judge denying relief is hereby set aside and he is directed to forthwith grant to petitioner a hearing as provided for in said rule.
STURGIS, C. J., and WIGGINTON and RAWLS, JJ., concur.