Narrative Opinion Summary
The dismissal of the appellant's motion filed under Florida Rule of Criminal Procedure 3.850 is reversed, following precedents established in Dobi v. State and Peart v. State. The court mandates the trial court to either attach records that refute the appellant's claim or conduct an evidentiary hearing. The decision is unanimous among the concurring judges, SHARP, W. HARRIS, and SAWAYA.
Legal Issues Addressed
Requirement for Trial Court to Substantiate or Refute Claimssubscribe to see similar legal issues
Application: The trial court is instructed to either provide records that counter the appellant's assertions or to hold an evidentiary hearing to examine the claims further.
Reasoning: The court mandates the trial court to either attach records that refute the appellant's claim or conduct an evidentiary hearing.
Reversal of Dismissal under Florida Rule of Criminal Procedure 3.850subscribe to see similar legal issues
Application: The appellate court reversed the trial court's dismissal of the appellant's motion, requiring further action to substantiate or refute the claims.
Reasoning: The dismissal of the appellant's motion filed under Florida Rule of Criminal Procedure 3.850 is reversed, following precedents established in Dobi v. State and Peart v. State.
Unanimous Decision Among Concurring Judgessubscribe to see similar legal issues
Application: The decision to reverse the trial court's dismissal and the instructions given were agreed upon by all judges involved in the decision.
Reasoning: The decision is unanimous among the concurring judges, SHARP, W. HARRIS, and SAWAYA.