Richardson v. State
Richardson v. State
Opinion of the Court
In this postconviction appeal, Appellant challenges the trial court’s summary denial of his rule 3.850 motion wherein he raises four ineffective assistance of counsel claims. Because the trial court failed to attach the relevant portions of the record upon which it relied to refute Appellant’s claims, we reverse and remand for the trial court to either hold an evidentiary hearing or attach portions of the record to its order that conclusively refute Appellant’s claims. See Fla. R. Crim. P. 9.141(b)(2)(D) (“On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.”); see also Davis v. State, 153 So.3d 399, 401 (Fla. 1st DCA 2014) (“Rule 9.141(b)(2)(d), Florida Rules of Appellate Procedure, requires reversal of an order denying postconviction relief without an
REVERSE and REMAND.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.