Legal Opinion

Melvin v. State

District Court of Appeal of Florida

Decided May 21, 2014No. 4D13-4323Published

1Per curiam

We affirm without further comment the summary denial of grounds one and two of appellant’s pro se rule 3.850 motion for postconviction relief. We reverse the summary denial as to ground three and remand to the trial court with directions to either hold an evidentiary hearing as to that ground or attach portions of the record, if any exist, refuting the claim that trial counsel acted ineffectively in allowing appellant to plead no contest to a charge not supported by an adequate factual basis. See Harris v. State, 32 So.3d 197 (Fla. 4th DCA 2010); Silverstein v. State, 985 So.2d 635 (Fla. 4th…

2Cases cited4 opinions

  1. Harris v. StateDistrict Court of Appeal of Florida · 2010
  2. Silverstein v. StateDistrict Court of Appeal of Florida · 2008
  3. State v. TuckerDistrict Court of Appeal of Florida · 2000
  4. State v. BostickDistrict Court of Appeal of Florida · 2000

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