Legal Opinion

Mullins v. State

District Court of Appeal of Florida

Decided October 31, 2011No. 1D11-3334PublishedCited by 2 opinions

1Per curiam

The appellant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of grounds one and two without further comment. However, for the reasons discussed below, we reverse and remand the denial of ground three for the trial court to attach records conclusively refuting the claim or to hold an evidentiary hearing.

Following a jury trial, the appellant was convicted of trafficking in more than 28 but less than 200 grams of methamphetamine (count one), manufacture of methamphetamine (count two), possession…

2Cases cited4 opinions

  1. Gibbs v. StateSupreme Court of Florida · 1997
  2. Johnson v. StateSupreme Court of Florida · 1998
  3. Melton v. StateDistrict Court of Appeal of Florida · 2011
  4. Brown v. StateDistrict Court of Appeal of Florida · 2007

3Cited by2 opinions

  1. Foster v. StateDistrict Court of Appeal of Florida · 2015
  2. Vincent Christian Foster v. State of FloridaDistrict Court of Appeal of Florida · 2015

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