EUGENE BARFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal of an order denying, without hearing, a motion to vacate filed by the appellant, Eugene Barfield, pursuant to Fla.R.Crim.P. 3.850.
Barfield asserted in his motion that he was denied effective assistance of counsel, citing numerous instances of claimed neglect by his court-appointed counsel. The trial court ruled that the allegations were insufficient.
An evidentiary hearing 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.
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Nova v. State, 439 So. 2d 255 (Fla. 3d DCA 1983)…ords in the case conclusively show that the prisoner is entitled to no’relief” that the motion can be denied without hearing. Young v. State, 399 So. 2d 1082 (Fla. 1st DCA 1981); Jones v. State, 384 So. 2d 736 (Fla. 4th DCA 1980); Barfield v. State, 348 So. 2d 621 (Fla. 4th DCA 1977); Fla.R.App.P. 9.140(g). Obviously, the absence of the remedy of specific performance does not mean that the defendant is entitled to no relief. If a defendant in good faith relies on an agreement by the prosecution, courts will n…
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Young v. State, 399 So. 2d 1082 (Fla. 1st DCA 1981)…otion for post-conviction relief was sufficient on its face, and in the absence of a copy of that portion of the files and records conclusively showing that the movant is entitled to no relief, an evidentia-ry hearing is required. Barfield v. State, 348 So. 2d 621 (Fla. 4th DCA 1977); Martin v. State, 349 So. 2d 226 (Fla. 4th DCA 1977); Fla.R.App.P. 9.140(g). Depending upon the outcome of such hearing, and a further determination by the court as to whether appellant’s probation was properly revoked, the tria…
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Rayford Martin v. State, 349 So. 2d 226 (Fla. 4th DCA 1977)…LETTS, Judge. We are compelled to reverse the trial judge’s order denying the defendant’s Fla.R.Crim.P. 3.850 motion, without a hearing, upon the authority of Barfield v. State, 348 So. 2d 621, Opinion filed July 8, 1977 (Fla. 4th DCA). It would appear that Bar-field mandates an evidentiary hearing “. . . unless the motion or record conclusively shows that the movant is entitled to no relief.” Reversed and remanded for an evidentia-ry he…
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- Harlan Glen LAY v. State, 224 So. 2d 369 (Fla. 4th DCA 1969)