Elysee v. State

District Court of Appeal of Florida

Elysee v. State

152 So. 3d 865, 2014 Fla. App. LEXIS 20587, 2014 WL 7190915

CourtDistrict Court of Appeal of Florida

DecidedDecember 19, 2014

DocketNo. 5D14-1940

StatusPublished

This text of 152 So. 3d 865 (Elysee 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

Elysee v. State, 152 So. 3d 865, 2014 Fla. App. LEXIS 20587, 2014 WL 7190915 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

James Elysee appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of Grounds Two, Three, and Five without further discussion. However, because the allegations contained within Grounds One and Four are not conclusively refuted by the record, we reverse the summary denial of those grounds and remand for attachment of record excerpts conclusively refuting those claims or for an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”).

AFFIRMED in part, REVERSED in part, and REMANDED.

ORFINGER, BERGER and LAMBERT, JJ., concur.

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

PER CURIAM.

James Elysee appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of Grounds Two, Three, and Five without further discussion. However, because the allegations contained within Grounds One and Four are not conclusively refuted by the record, we reverse the summary denial of those grounds and remand for attachment of record excerpts conclusively refuting those claims or for an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”).

AFFIRMED in part, REVERSED in part, and REMANDED.

ORFINGER, BERGER and LAMBERT, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

152 So. 3d 865, 2014 Fla. App. LEXIS 20587, 2014 WL 7190915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elysee-v-state-fladistctapp-2014.

Opinion

Related

Cite This Page — Counsel Stack