Roberts v. State
Roberts v. State
Opinion of the Court
Gary Allen Roberts appeals the orders entered in two separate circuit court cases that summarily denied his two motions for postconviction relief filed in accordance with Florida Rule of Criminal Procedure 3.850. We reverse both orders, and we remand for further proceedings.
On April 21, 2004, Mr. Roberts pleaded no contest to the charges filed in two separate circuit court cases, and the same attorney represented him in both eases. He subsequently filed a rule 3.850 motion in the first circuit court case, no. CF03-004148-XX, alleging that counsel provided ineffective assistance by failing to file a motion to suppress the illegal search
In a separate rule 3.850 motion filed in the second case, no. CF03-004755-XX, Mr. Roberts alleged that if he had received counsel’s effective assistance in the first circuit court case, no. CF03-004148-XX, he would not have been subject to the seven-year mandatory minimum in that first case and he would not have been forced to enter a plea in the second case. The postconviction court denied the rule 3.850 motion in the second case, no. CF03-004755-XX, because Mr. Roberts’ counsel was not found to be ineffective in the first case. Because we are reversing the order denying postconviction relief in the first circuit court case, the postconviction court’s order denying relief in the second circuit court case now lacks any foundation.
Accordingly, we reverse the postconviction court’s orders in both cases, and we remand for the reconsideration of Mr. Roberts’ motions. On remand, if the post-conviction court again denies the motions, it shall either attach to its orders those portions of the record that conclusively refute the claims or conduct an evidentiary hearing.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.