Bessellieu v. State

District Court of Appeal of Florida

Bessellieu v. State

219 So. 3d 994, 2017 WL 2437454, 2017 Fla. App. LEXIS 8130

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 2017

DocketCASE NO. 1D16-4508

StatusPublished

Cited by1 cases

This text of 219 So. 3d 994 (Bessellieu v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bessellieu v. State, 219 So. 3d 994, 2017 WL 2437454, 2017 Fla. App. LEXIS 8130 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Appellant, Theophilus Bessellieu, challenges the summary denial of his rule 3.850 motion. In his brief, Bessellieu raised four issues. This Court affirms without further comment on three of the issues. However, Appellant’s argument that Ground One of his motion was not conclusively refuted by the portions of the record attached to the lower court’s order is found to have merit. The lower court’s attachment of an outdated Information has led us to this conclusion. We hereby reverse and remand with instruction to either attach portions of the record conclusively refuting Appellant’s claim in Ground One, or to conduct an evidentiary hearing to determine whether ineffective assistance of counsel was provided.

REVERSED and REMANDED for attachment of record evidence to the lower court’s order, or, in the event of the absence of such evidence, for an evidentiary hearing.

ROBERTS, C. J., WINOKUR, and M.K. THOMAS, JJ., CONCUR.

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PER CURIAM.

Appellant, Theophilus Bessellieu, challenges the summary denial of his rule 3.850 motion. In his brief, Bessellieu raised four issues. This Court affirms without further comment on three of the issues. However, Appellant’s argument that Ground One of his motion was not conclusively refuted by the portions of the record attached to the lower court’s order is found to have merit. The lower court’s attachment of an outdated Information has led us to this conclusion. We hereby reverse and remand with instruction to either attach portions of the record conclusively refuting Appellant’s claim in Ground One, or to conduct an evidentiary hearing to determine whether ineffective assistance of counsel was provided.

REVERSED and REMANDED for attachment of record evidence to the lower court’s order, or, in the event of the absence of such evidence, for an evidentiary hearing.

ROBERTS, C. J., WINOKUR, and M.K. THOMAS, JJ., CONCUR.

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Bluebook (online)

219 So. 3d 994, 2017 WL 2437454, 2017 Fla. App. LEXIS 8130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bessellieu-v-state-fladistctapp-2017.

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