Bolton v. State

District Court of Appeal of Florida

Bolton v. State

218 So. 3d 509, 2017 WL 2297500, 2017 Fla. App. LEXIS 7623

CourtDistrict Court of Appeal of Florida

DecidedMay 25, 2017

DocketCASE NO. 1D16-4051

StatusPublished

This text of 218 So. 3d 509 (Bolton 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

Bolton v. State, 218 So. 3d 509, 2017 WL 2297500, 2017 Fla. App. LEXIS 7623 (Fla. Ct. App. 2017).

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Opinion

ROBERTS, C.J.

Appellant, Earnest D. Bolton, challenges an order summarily denying his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

A movant is entitled to an evidentiary hearing on his motion for post-conviction relief unless the motion and record conclusively show that the movant is not entitled to relief. Valentine v. State, 98 So.3d 44, 54 (Fla. 2012). All factual allegations raised by the movant must be accepted as true [510]*510unless those allegations are conclusively refuted by the record. Id. In this case, the post-conviction court failed to attach any portion of the record that conclusively shows Appellant is not entitled to relief, and this Court is obligated to reverse. See Holton v. State, 130 So.3d 799 (Fla. 1st DCA 2014).

REVERSED and REMANDED.

WINOKUR and M.K. THOMAS, JJ., CONCUR.

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ROBERTS, C.J.

Appellant, Earnest D. Bolton, challenges an order summarily denying his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

A movant is entitled to an evidentiary hearing on his motion for post-conviction relief unless the motion and record conclusively show that the movant is not entitled to relief. Valentine v. State, 98 So.3d 44, 54 (Fla. 2012). All factual allegations raised by the movant must be accepted as true [510]*510unless those allegations are conclusively refuted by the record. Id. In this case, the post-conviction court failed to attach any portion of the record that conclusively shows Appellant is not entitled to relief, and this Court is obligated to reverse. See Holton v. State, 130 So.3d 799 (Fla. 1st DCA 2014).

REVERSED and REMANDED.

WINOKUR and M.K. THOMAS, JJ., CONCUR.

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Bluebook (online)

218 So. 3d 509, 2017 WL 2297500, 2017 Fla. App. LEXIS 7623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolton-v-state-fladistctapp-2017.

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