DEVALLE ROBINSON vs STATE OF FLORIDA

CourtDistrict Court of Appeal of Florida
DecidedSeptember 2, 2022
Docket22-1085
StatusPublished

This text of DEVALLE ROBINSON vs STATE OF FLORIDA (DEVALLE ROBINSON vs STATE OF FLORIDA) 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
DEVALLE ROBINSON vs STATE OF FLORIDA, (Fla. Ct. App. 2022).

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

DEVALLE ROBINSON,

Appellant,

v. Case No. 5D22-1085 LT Case Nos. 2020-101839-CFDL 2020-101858-CFDL

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed September 2, 2022

3.850 Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge.

Robert J. Slama, of Robert J. Slama, P.A., Jacksonville, for Appellant.

No Appearance for Appellee.

PER CURIAM. Devalle Robinson appeals the summary denial of his motion for

postconviction relief filed pursuant to Florida Rule of Criminal Procedure

3.850. In his motion, Robinson alleges that 1) his plea was involuntary

because he did not understand the terms of the plea agreement, and 2) the

trial court failed to determine that a factual basis for the plea existed. Because

the records attached to the trial court’s order do not conclusively refute

Robinson’s claims, we reverse and remand for the trial court to either attach

records conclusively refuting Robinson’s claims or to hold an evidentiary

hearing.

REVERSED AND REMANDED.

LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.

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DEVALLE ROBINSON vs STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devalle-robinson-vs-state-of-florida-fladistctapp-2022.