Rodriguez-Lara v. State

Appellant, Gabriel Rodriguez-Lara, appeals the denial of his motion for postcon-viction relief under Florida Rule of Criminal Procedure 3.850 without an evidentiary hearing. We reverse and remand the denial of Grounds 1, 2, and 3, for the trial court to conduct an evidentiary hearing because appellant stated legally valid claims that are not conclusively refuted by the record. We affirm as to Ground 4.

“A court’s decision whether to grant an evidentiary hearing is subject to de novo review.” Owen v. State, 986 So.2d 534, 543 (Fla.2008).

[A] defendant is entitled to an eviden-tiary hearing on a…