Wilson v. State

District Court of Appeal of Florida

Wilson v. State

724 So. 2d 189, 1999 Fla. App. LEXIS 243, 1999 WL 12969

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 1999

DocketNo. 98-1571

StatusPublished

Cited by1 cases

This text of 724 So. 2d 189 (Wilson 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

Wilson v. State, 724 So. 2d 189, 1999 Fla. App. LEXIS 243, 1999 WL 12969 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 seeking posteonvietion relief. He presented seven claims, all of which alleged ineffective assistance of trial'counsel. The trial court denied relief as to all claims and, in support, citied to various portions of the record supposedly attached to its order. However, the cited portions of the record were not, in fact, attached to the order. Because all of appellant’s claims except two are sufficient on their face, we are constrained to reverse as to those facially sufficient claims. See Walker v. State 704 So.2d 566 (Fla. 1st DCA 1997); Cooper v. State, 700 So.2d 734 (Fla. 1st DCA 1997). On remand, if the trial court again determines that the claims are conclusively refuted by portions of the record, it shall attach those documents to its order denying relief; otherwise, it shall hold a hearing. We affirm the trial court’s order as to the last two claims raised in appellant’s motion (that trial counsel was ineffective in failing to object when the trial court reread some, but not all, of the instructions to the jury and in failing to object to the language of the information) because those claims are legally insufficient.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

ALLEN, WEBSTER and BROWNING, JJ., Concur.

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PER CURIAM.

Appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 seeking posteonvietion relief. He presented seven claims, all of which alleged ineffective assistance of trial'counsel. The trial court denied relief as to all claims and, in support, citied to various portions of the record supposedly attached to its order. However, the cited portions of the record were not, in fact, attached to the order. Because all of appellant’s claims except two are sufficient on their face, we are constrained to reverse as to those facially sufficient claims. See Walker v. State 704 So.2d 566 (Fla. 1st DCA 1997); Cooper v. State, 700 So.2d 734 (Fla. 1st DCA 1997). On remand, if the trial court again determines that the claims are conclusively refuted by portions of the record, it shall attach those documents to its order denying relief; otherwise, it shall hold a hearing. We affirm the trial court’s order as to the last two claims raised in appellant’s motion (that trial counsel was ineffective in failing to object when the trial court reread some, but not all, of the instructions to the jury and in failing to object to the language of the information) because those claims are legally insufficient.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

ALLEN, WEBSTER and BROWNING, JJ., Concur.

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724 So. 2d 189, 1999 Fla. App. LEXIS 243, 1999 WL 12969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-state-fladistctapp-1999.

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