Bowden v. State
Bowden v. State
Opinion of the Court
Joey R. Bowden appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant raised allegations concerning the voluntariness of his plea and of ineffective assistance of
Accordingly, we reverse the trial court’s denial of the appellant’s motion regarding the voluntariness of the appellant’s plea and the allegations of ineffective assistance of counsel, and affirm the denial of the allegation regarding sentencing. We remand the case to the trial court to determine whether the transcript of December 13, 1988, or other portions of the records and files refutes the appellant’s allegations. Unless the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall order the state attorney to file an answer within a time certain. After receipt of the answer, the court shall determine whether an evidentiary hearing is required. If the court should again deny appellant’s motion, he has thirty days in which to appeal.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.