Segal v. State

District Court of Appeal of Florida

Segal v. State

161 So. 3d 476, 2014 WL 2781820, 2014 Fla. App. LEXIS 9349

CourtDistrict Court of Appeal of Florida

DecidedJune 20, 2014

DocketNo. 5D14-225

StatusPublished

This text of 161 So. 3d 476 (Segal 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

Segal v. State, 161 So. 3d 476, 2014 WL 2781820, 2014 Fla. App. LEXIS 9349 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Randy Segal appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment the denial of claim two. However, because the record on appeal does not conclusively refute claim one, we reverse the summary denial of that claim and remand for attachment of portions of the record refuting claim one 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 with instructions.

EVANDER, COHEN and BERGER, JJ., concur.

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PER CURIAM.

Randy Segal appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment the denial of claim two. However, because the record on appeal does not conclusively refute claim one, we reverse the summary denial of that claim and remand for attachment of portions of the record refuting claim one 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 with instructions.

EVANDER, COHEN and BERGER, JJ., concur.

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Bluebook (online)

161 So. 3d 476, 2014 WL 2781820, 2014 Fla. App. LEXIS 9349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/segal-v-state-fladistctapp-2014.

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