Cruz v. State

Carlos Cruz appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Cruz raised several claims in his motion, only one of which has merit.

Cruz alleged that his plea was involuntary because it was based on coercion and threats of trial counsel. The trial court denied Cruz’s claims without attaching or referring to portions of the record to refute the claims. Because Cruz has alleged a facially sufficient claim, the trial court should have attached portions of the record to refute the claim or held an eviden-tiary hearing. See Waters v.…