Deen v. State

2 Citing cases

  1. Edwards v. State

    652 So. 2d 1276 (Fla. Dist. Ct. App. 1995)   Cited 8 times
    In Edwards v. State, 652 So.2d 1276 (Fla. 5th DCA 1995), we held that a claim that trial counsel tailed to investigate or call exculpatory witnesses was facially sufficient and must either be refuted by attachments or an evidentiary hearing held. Hatten claims that he gave his counsel's investigator the names of three witnesses who could impeach the identification testimony and one witness who would testify that Hatten had an alibi.

    In the order denying relief the trial court gave no reasons to support the denial nor did the trial court attach any portions of the record to refute the defendant's claims. When a trial court summarily denies a motion for post-conviction relief without holding an evidentiary hearing or attaching portions of the record to refute the allegations, review is limited to determining whether, accepting the allegations as true, the motion shows the defendant is not entitled to relief. Gorham v. State, 521 So.2d 1067 (Fla. 1988); Deen v. State, 627 So.2d 625 (Fla. 5th DCA 1993); Waters v. State, 612 So.2d 685 (Fla. 5th DCA 1993); Debose v. State, 580 So.2d 638 (Fla. 5th DCA 1991). The order summarily denying the defendant's Rule 3.850 motion is reversed as to the two claims discussed above and remanded to the trial court with directions to either attach portions of the record that conclusively refute the defendant's claims or hold an evidentiary hearing.

  2. Power v. State

    636 So. 2d 587 (Fla. Dist. Ct. App. 1994)

    The order denying the appellant's Rule 3.850 motion without attachment of the portions of the record upon which the trial court states it relied, is reversed with instructions to either attach the appropriate record or hold an evidentiary hearing. Deen v. State, 627 So.2d 625 (Fla. 5th DCA 1993); Hamlin v. State, 622 So.2d 1176 (Fla. 2d DCA 1993); Waters v. State, 612 So.2d 685 (Fla. 5th DCA 1993); Bell v. State, 595 So.2d 1018 (Fla. 2d DCA 1992). REVERSED and REMANDED with instructions.