HARLAN GLEN LAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court reversed the denial of a motion to vacate a conviction, holding that the trial court erred by not granting an evidentiary hearing on the defendant's claims of ineffective assistance of counsel.
Yes, the trial court erred in denying the motion without an evidentiary hearing. The defendant's allegations, if true, would warrant vacating the conviction and sentence.
“Inconsistent with Rule 1.850, F.S.A. the trial court erred in not granting an evidentiary hearing on this motion.”
Establishes the core legal error identified by the appellate court.
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Join FLexlaw to unlock all legal intelligenceHarlan Glen Lay filed a motion to vacate his conviction and sentence, alleging that his public defender provided ineffective assistance by failing to …
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This is an appeal from an order of denial of a motion by Harlan Glen Lay pursuant to Rule 1.850, Rules of Criminal Procedure, 33 F.S.A.
Lay alleges, among other things, that he was not represented in good faith by the public defender; that the public defender’s representation was insufficient, inadequate and incompetent in that he failed to prepare, investigate and inform petitioner about his case; the public defender failed to inform Lay about the legal effect of defense available; that the public defender prevailed upon the appellant to enter a plea of nolo contendere. Accordingly, Lay maintains his conviction and sentence should be set aside.
No evidentiary hearing was granted on Lay’s motion. Lay’s allegations were not refuted by the state. Inconsistent with Rule 1.850, F.S.A. the trial court erred in not granting an evidentiary hearing on this motion. Estrella v. State, Fla.App.1968, 215 So.2d489; Bush v. State, Fla.App.1968, 209 So.2d 696; Bennett v State, Fla.App. 1967, 203 So.2d 211.
This cause is reversed and remanded for complete and prompt evidentiary hearing.
WALDEN, C. J., and McCAIN and REED, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gunn v. State, 378 So. 2d 105 (Fla. 5th DCA 1980)…ate for collateral relief. Payne v. State, 362 So. 2d 688 (Fla. 2d DCA 1978); Robinson v. State, 352 So. 2d 936 (Fla. 1st DCA 1977); Chambers v. State, 337 So. 2d 845 (Fla. 2d DCA 1976); Hill v. State, 297 So. 2d 58 (Fla. 2d DCA 1974); Lay v. State, 224 So. 2d 369 (Fla. 4th DCA 1969). This cause, therefore, is remanded to the trial court under a temporary relinquishment of jurisdiction, for forty-five days, with instructions (a) to attach that portion of the case file and record which refutes appellant’s all…
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Barfield v. State, 348 So. 2d 621 (Fla. 4th DCA 1977)…ing is required on Rule 3.850 motions unless the motion or record conclusively shows that the movant is entitled to no relief. We have previously held that similar allegations in a motion to vacate were sufficient to require a hearing. Lay v. State, 224 So. 2d 369 (Fla. 4th DCA 1969). Accordingly, this cause is reversed and remanded for an evidentiary hearing. DOWNEY, ALDERMAN and AN-STEAD, JJ., concur.…
Authorities Cited
- Eddy Dutchville v. State, 209 So. 2d 696 (Fla. 2d DCA 1968)
- Bush v. State, 209 So. 2d 696 (Fla. 4th DCA 1968)
- Bell v. State, 203 So. 2d 211 (Fla. 3d DCA 1967)
- Bennett v. State, 203 So. 2d 211 (Fla. 2d DCA 1967)