Florida District Courts of Appeal, 2000

Brown v. State

Florida District Courts of Appeal · Decided November 15, 2000 · Cope, Goderich, Jorgenson

770 So. 2d 1285; 2000 Fla. App. LEXIS 14908; 2000 WL 1700592 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

KARL JOHNSON v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2022)
KARL JOHNSON v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2022)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM

The defendant contends that the trial court erred by denying his 3.850 motion without an evidentiary hearing. We agree.

The defendant filed a 3.850 motion alleging that he received ineffective assistance of counsel because his counsel failed to conduct an adequate pre-trial investigation. The trial court summarily denied the motion relying on the transcript of defense counsel’s testimony given at a Nelson1 hearing that was held before trial. Because testimony at the Nelson hearing did not fully address the factual issues raised in the defendant’s 3.850 motion and sworn affidavit, we reverse and remand for an evidentiary hearing. Gordon v. State, 608 So.2d 925 (Fla. 3d DCA 1992).

Reversed and remanded.

. Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973).

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