Legal Opinion

Freels v. State

District Court of Appeal of Florida

Decided November 26, 1997No. 97-1680PublishedCited by 2 opinions

1Opinion of the Court

ALLEN, Judge.

The appellant challenges an order by which the trial court summarily denied his Florida Rule of Criminal Procedure 3.850 motion for posteonviction relief. Although we affirm the order without discussion as to the trial court’s disposition of three of the appellant’s claims, we reverse the order as to the denial of two claims of ineffective assistance of trial counsel because they set forth colorable bases for relief that are not refuted by attachments to the order.

As to the first of the claims, the appellant made the following assertions. He pled nolo contendere as charged to two…

2Cases cited11 opinions

  1. Ashley v. StateSupreme Court of Florida · 1993
  2. Americo Michel v. United StatesCourt of Appeals for the Second Circuit · 1974
  3. State v. GinebraSupreme Court of Florida · 1987
  4. Simmons v. StateDistrict Court of Appeal of Florida · 1992
  5. State v. WilsonSupreme Court of Florida · 1995

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3Cited by2 opinions

  1. Major v. StateSupreme Court of Florida · 2002
  2. Watrous v. StateDistrict Court of Appeal of Florida · 2001

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