Brayboy v. State

District Court of Appeal of Florida

Brayboy v. State

732 So. 2d 515, 1999 Fla. App. LEXIS 7301, 1999 WL 357488

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1999

DocketNo. 99-1107

StatusPublished

This text of 732 So. 2d 515 (Brayboy 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

Brayboy v. State, 732 So. 2d 515, 1999 Fla. App. LEXIS 7301, 1999 WL 357488 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

The order summarily denying postcon-viction relief is reversed. Since appellant was convicted and sentenced on October 12, 1998, his motion for postconviction relief was not untimely. See Fla. R.Crim. P. 3.850(b). To the extent that appellant has alleged errors and omissions by trial [516]*516counsel, such matters are cognizable in a Rule 3.850 motion. See Stewart v. State, 420 So.2d 862, 864 n. 4 (Fla.1982), cert. denied, 460 U.S. 1103, 103 S.Ct. 1802, 76 L.Ed.2d 366 (1983) (“Generally, ineffective assistance of counsel is a collateral matter which should be addressed through a motion for post-conviction relief.”). Accordingly, we reverse and remand for attachment of portions of the record that conclusively refute appellant’s claims or, alternatively, for an evidentiary hearing. See Fla. R.Crim. P. 3.850(d).

GUNTHER, WARNER and HAZOURI, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The order summarily denying postcon-viction relief is reversed. Since appellant was convicted and sentenced on October 12, 1998, his motion for postconviction relief was not untimely. See Fla. R.Crim. P. 3.850(b). To the extent that appellant has alleged errors and omissions by trial [516]*516counsel, such matters are cognizable in a Rule 3.850 motion. See Stewart v. State, 420 So.2d 862, 864 n. 4 (Fla.1982), cert. denied, 460 U.S. 1103, 103 S.Ct. 1802, 76 L.Ed.2d 366 (1983) (“Generally, ineffective assistance of counsel is a collateral matter which should be addressed through a motion for post-conviction relief.”). Accordingly, we reverse and remand for attachment of portions of the record that conclusively refute appellant’s claims or, alternatively, for an evidentiary hearing. See Fla. R.Crim. P. 3.850(d).

GUNTHER, WARNER and HAZOURI, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

732 So. 2d 515, 1999 Fla. App. LEXIS 7301, 1999 WL 357488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brayboy-v-state-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack