Martinez v. State
Martinez v. State
Opinion of the Court
Manolo Martinez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Two, Three, and Four. However, because the record does not conclusively refute Martinez's claim that counsel was ineffective for failing to file a motion to suppress the wiretap of his phone conversations, we reverse the summary denial of Ground One and remand for attachment of portions of the record conclusively refuting that claim or for an evidentiary hearing. See Freeman v. State,
AFFIRMED in part; REVERSED in part; and REMANDED.
SAWAYA, BERGER and LAMBERT, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.