Legal Opinion

Burgos v. State

District Court of Appeal of Florida

Decided December 31, 2015No. 5D15-1176PublishedCited by 6 opinions

1Per curiam

Carlos Burgos appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds One, Two, Three, Five, and Six. Because Grounds Four,’ Seven, and Eight are facially sufficient and not' conclusively refuted by the record attachments, we reverse the summary denial of those grounds and remand for the trial court to either attach portions of the record specifically refuting the claims or hold an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla.2000) (“[A] defendant is entitled to an…

2Cases cited2 opinions

  1. Freeman v. StateSupreme Court of Florida · 2000
  2. Maharaj v. StateSupreme Court of Florida · 1996

3Cited by6 opinions

  1. Jabari M. Hird v. StateDistrict Court of Appeal of Florida · 2016
  2. Delroy Campbell v. StateDistrict Court of Appeal of Florida · 2016
  3. Moss v. StateDistrict Court of Appeal of Florida · 2019
  4. Moss v. StateDistrict Court of Appeal of Florida · 2019
  5. Rudolph v. StateDistrict Court of Appeal of Florida · 2018

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