Perez v. State

District Court of Appeal of Florida

Perez v. State

430 So. 2d 553, 1983 Fla. App. LEXIS 19258

CourtDistrict Court of Appeal of Florida

DecidedApril 29, 1983

DocketNo. 83-555

StatusPublished

Cited by1 cases

This text of 430 So. 2d 553 (Perez 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.

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Perez v. State, 430 So. 2d 553, 1983 Fla. App. LEXIS 19258 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Appellant seeks review of the trial court’s order summarily denying his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Appellant raised four points in his motion. In Point I, he alleged that he was denied effective assistance of counsel through the public defender’s failure to investigate the facts of his case. In Point II, appellant asserted that his guilty plea was involuntarily entered in response to the public defender’s coercion and failure to apprise appellant of the consequences of a plea. If these allegations are true, appellant might be entitled to relief. The trial court, however, failed to conduct an evidentiary hearing or to attach portions of the record that refute these allegations.

Accordingly, we reverse in part the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, the trial court may either again summarily deny the motion, and attach to its order those portions of the record which conclusively show that appellant is entitled to no relief, or hold an evidentiary hearing and then rule on the first and second allegations raised in appellant’s motion. See Fla.R.Crim.P. 3.850. See also Halpin v. State, 428 So.2d 703 (Fla. 2d DCA 1983); Jones v. State, 421 So.2d 55 (Fla. 1st DCA 1982); Van Bever v. State, 405 So.2d 474 (Fla. 5th DCA 1981). To obtain further review in this cause, an aggrieved party must appeal the trial court’s subsequent rulings anew.

The trial court was correct in denying appellant’s motion as to the other points raised therein. Affirmed in part, reversed in part and remanded.

BOARDMAN, A.C.J., and RYDER and DANAHY, JJ., concur.

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PER CURIAM.

Appellant seeks review of the trial court’s order summarily denying his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Appellant raised four points in his motion. In Point I, he alleged that he was denied effective assistance of counsel through the public defender’s failure to investigate the facts of his case. In Point II, appellant asserted that his guilty plea was involuntarily entered in response to the public defender’s coercion and failure to apprise appellant of the consequences of a plea. If these allegations are true, appellant might be entitled to relief. The trial court, however, failed to conduct an evidentiary hearing or to attach portions of the record that refute these allegations.

Accordingly, we reverse in part the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, the trial court may either again summarily deny the motion, and attach to its order those portions of the record which conclusively show that appellant is entitled to no relief, or hold an evidentiary hearing and then rule on the first and second allegations raised in appellant’s motion. See Fla.R.Crim.P. 3.850. See also Halpin v. State, 428 So.2d 703 (Fla. 2d DCA 1983); Jones v. State, 421 So.2d 55 (Fla. 1st DCA 1982); Van Bever v. State, 405 So.2d 474 (Fla. 5th DCA 1981). To obtain further review in this cause, an aggrieved party must appeal the trial court’s subsequent rulings anew.

The trial court was correct in denying appellant’s motion as to the other points raised therein. Affirmed in part, reversed in part and remanded.

BOARDMAN, A.C.J., and RYDER and DANAHY, JJ., concur.

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430 So. 2d 553, 1983 Fla. App. LEXIS 19258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-state-fladistctapp-1983.

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