Torres v. State

The defendant appeals the summary denial of his motion for post conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850. He raises three issues, one of which we find has merit. He argues that the trial court erred in summarily denying the motion, which alleged his counsel had been ineffective in allowing him to be tried in full shackles, without an evidentiary hearing. We agree and reverse.

His motion alleges that his attorney failed to challenge the trial court’s determination that the defendant be tried wearing full shackles and handcuffs, which were both heard and seen by…