FRANCIS LESTER ESTRELLA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court reversed a lower court's denial of a prisoner's motion for post-conviction relief, finding that the prisoner was entitled to an evidentiary hearing on his claims of a coerced confession, lack of counsel at a preliminary hearing, and inadequate counsel.
The appellate court held that the lower court erred in denying the petition without an evidentiary hearing because the record did not conclusively show the appellant was not entitled to relief.
“Although Estrella pleaded guilty and was represented at trial by the Public Defender, a review of his Rule One motion, the files, and record an appeal do not conclusively show that he was not entitled to an evidentiary hearing in this cause.”
Establishes the appellate court's finding that the record did not conclusively rule out the need for a hearing.
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Join FLexlaw to unlock all legal intelligenceFrancis Lester Estrella filed a petition for post-conviction relief, alleging his convictions resulted from a coerced confession, failure to appoint c…
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This appeal is from an order denying the petition of Francis Lester Estrella for relief pusuant to Rule One, now Rule 1.850, Criminal Procedure Rules, 33 F.S.A.
Estrella filed his Rule One petition of some thirteen pages, claiming that his convictions were the result of (1) a coerced confession, (2) failure to appoint counsel prior to his preliminary hearing and (3) the inadequacy of subsequently appointed counsel.
At the hearing on his motion the following events took place:
“THE COURT: Francis Lester Es-trella.
Attorney: It states he did not have Counsel at the preliminary hearing.
THE COURT: He had Counsel at the time of Trial. I will deny it. It states no grounds. (Thereupon the hearing was concluded.)”
*490Although Estrella pleaded guilty and was represented at trial by the Public Defender, a review of his Rule One motion, the files, and record an appeal do not conclusively show that he was not entitled to an evidentiary hearing in this cause. They come close to a conclusive showing but in a borderline case such as here the petitioner should be granted an evidentiary hearing to support any proper allegations contained in his petition.
Accordingly, this cause is reversed and remanded for further hearing consistent herewith.
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Dickerson v. State, 285 So. 2d 699 (Fla. 4th DCA 1973)…legation is not conclusively refuted by the record. Blackman v. State, 256 So. 2d 18 (Fla.App.1971). See also Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Cf. Fast v. State, 221 So. 2d 203 (Fla.App.1969);. Estrella v. State, 215 So. 2d 489 (Fla.App.1968); Thomas v. State, 210 So. 2d 488 (Fla.App.1968); Estevez v. State, 206 So. 2d 697 (Fla.App. 1968); Marti v. State, 163 So. 2d 506 (Fla.App.1964); and Sampson v. State, 158 So. 2d 771 (Fla.App.1963). Accordingly, the order appealed is…
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Thomas v. State, 390 So. 2d 104 (Fla. 3d DCA 1980)…that it can be said that the record shows “conclusively that the appellant is entitled to no relief.” Fla.R.App.P. 9.140(g). See, State v. Weeks, 166 So. 2d 892, 897 (Fla.1964); Campi v. State, 371 So. 2d 1085 (Fla. 4th DCA 1979); Estrella v. State, 215 So. 2d 489 (Fla. 3d DCA 1968). Accordingly, I would reverse the order below and remand the cause for an evidentiary hearing. Coates v. United States, 273 F. 2d 514 (D.C.Cir.1959); see, Manley v. United States, 396 F. 2d 699 (5th Cir. 1968).…
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Erler v. State, 276 So. 2d 498 (Fla. 4th DCA 1973)…dy v. Maryland, 373 [*499] U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Cf. Fast v. State, Fla.App.1969, 221 So. 2d 203; Estevez v. State, Fla.App.1968, 206 So. 2d 697; Marti v. State, Fla.App.1964, 163 So. 2d 506; Estrella v. State, Fla.App.1968, 215 So. 2d 489; Sampson v. State, Fla.App.1963, 158 So. 2d 771; and Thomas v. State, Fla.App.1968, 210 So. 2d 488. Accordingly, the order appealed from is reversed and the cause remanded to the trial court for the purpose of providing an evidentiary hearing. OWE…
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