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Jones v. State

District Court of Appeal of Florida, First District
Oct 23, 2000
770 So. 2d 216 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D00-253.

Opinion filed October 23, 2000.

An appeal from the Circuit Court for Columbia County; James Roy Bean, Judge.

Appellant, pro se.

Robert A. Butterworth, Attorney General, and Douglas T. Squire, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges the trial court's denial following a hearing of the appellant's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. He argues that the trial court abused its discretion when it denied his request for the appointment of counsel. We agree. See, e.g., Florence v. State, 754 So.2d 175 (Fla. 1st DCA 2000);Rogers v. State, 702 So.2d 607 (Fla. 1st DCA 1997); Williams v. State, 472 So.2d 738 (Fla. 1985). However, only the fourth claim raised in the motion is facially sufficient and not conclusively refuted by the record. Accordingly, we reverse the denial of that claim and remand this case to the trial court for a new evidentiary hearing as to that claim after counsel has been appointed. We affirm the order as to the remaining claims.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

MINER and ALLEN, JJ., and SMITH, LARRY G., SENIOR JUDGE, CONCUR.


Summaries of

Jones v. State

District Court of Appeal of Florida, First District
Oct 23, 2000
770 So. 2d 216 (Fla. Dist. Ct. App. 2000)
Case details for

Jones v. State

Case Details

Full title:WILBERT JONES, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 23, 2000

Citations

770 So. 2d 216 (Fla. Dist. Ct. App. 2000)

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