Legal Opinion

Richardson v. State

District Court of Appeal of Florida

Decided April 28, 2017No. CASE NO. 1D16-3233PublishedCited by 1 opinion

1Per curiam

In this postconviction appeal, Appellant challenges the trial court’s summary denial of his rule 3.850 motion wherein he raises four ineffective assistance of counsel claims. Because the trial court failed to attach the relevant portions of the record upon which it relied to refute Appellant’s claims, we reverse and remand for the trial court to either hold an evidentiary hearing or attach portions of the record to its order that conclusively refute Appellant’s claims. See Fla. R. Crim. P. 9.141(b)(2)(D) (“On appeal from the denial of relief, unless the record shows conclusively that the…

2Cases cited1 opinion

  1. Davis v. StateDistrict Court of Appeal of Florida · 2014

3Cited by1 opinion

  1. Montre D. Richardson v. State of FloridaDistrict Court of Appeal of Florida · 2018

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