Martino v. State

Thomas Martino appeals the summary denial of two rule 8.850 motions for post-conviction relief. The appeals were consolidated for review. We affirm without comment the denial of the motion in 4D11-2514. We reverse the summary denial of Martino’s rule 3.850 motion in 4D10-3476 because the motion was facially sufficient and not refuted by the attached records.

Martino was charged with racketeering, conspiracy to commit racketeering, organized scheme to defraud more than $50,000, and six counts of purchase or receipt of a legend drug from an unauthorized person. According to his 3.850 motion,…