Legal Opinion

Stokes v. State

District Court of Appeal of Florida

Decided February 15, 2013No. 5D12-3634PublishedCited by 2 opinions

1Per curiam

Marquis Stokes appeals the summary denial of his original and amended verified motions for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial of claims one and two of the original motion and claims one, two, three, and four of the amended motion without further comment. However, because the attached *511record does not conclusively refute claim three of the original motion1 and claim five of the amended motion,2 we reverse and remand with instructions that the trial court either grant the relief, conduct an evidentiary hearing, or attach…

2Cases cited1 opinion

  1. Spera v. StateSupreme Court of Florida · 2007

3Cited by2 opinions

  1. Scott v. StateDistrict Court of Appeal of Florida · 2013
  2. Robert Clinton v. StateDistrict Court of Appeal of Florida · 2016

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