Linder v. State

District Court of Appeal of Florida

Linder v. State

858 So. 2d 399, 2003 Fla. App. LEXIS 16814, 2003 WL 22508373

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 2003

DocketNo. 1D03-2280

StatusPublished

This text of 858 So. 2d 399 (Linder 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

Linder v. State, 858 So. 2d 399, 2003 Fla. App. LEXIS 16814, 2003 WL 22508373 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Appellant seeks review of the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion alleged ineffectiveness of trial counsel grounded upon allegations of failure to subpoena material witnesses and documents to mitigate the alleged violation of probation. Appellant presented a facially sufficient claim for relief pursuant to Rule 3.850, alleging how his counsel’s performance was deficient and how such conduct prejudiced the outcome of the proceedings. See Strickland v. Washington, 466 U.S. 668, 687-88, 691-92, 104 S.Ct. 2052, 80 [400]*400L.Ed.2d 674 (1984). Documents attached to the order summarily denying relief do not conclusively demonstrate that appellant is entitled to no relief. Accordingly, we reverse the summary denial, and remand. On remand, if the trial court again concludes that appellant is entitled to no relief, it shall attach portions of the record conclusively so demonstrating. Otherwise, it shall hold an evidentiary hearing.

REVERSED and REMANDED, with directions.

KAHN, WEBSTER and VAN NORTWICK, JJ., Concur.

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PER CURIAM.

Appellant seeks review of the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion alleged ineffectiveness of trial counsel grounded upon allegations of failure to subpoena material witnesses and documents to mitigate the alleged violation of probation. Appellant presented a facially sufficient claim for relief pursuant to Rule 3.850, alleging how his counsel’s performance was deficient and how such conduct prejudiced the outcome of the proceedings. See Strickland v. Washington, 466 U.S. 668, 687-88, 691-92, 104 S.Ct. 2052, 80 [400]*400L.Ed.2d 674 (1984). Documents attached to the order summarily denying relief do not conclusively demonstrate that appellant is entitled to no relief. Accordingly, we reverse the summary denial, and remand. On remand, if the trial court again concludes that appellant is entitled to no relief, it shall attach portions of the record conclusively so demonstrating. Otherwise, it shall hold an evidentiary hearing.

REVERSED and REMANDED, with directions.

KAHN, WEBSTER and VAN NORTWICK, JJ., Concur.

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Bluebook (online)

858 So. 2d 399, 2003 Fla. App. LEXIS 16814, 2003 WL 22508373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linder-v-state-fladistctapp-2003.

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