Public-domain · open source
OpenJurist

362 So. 2d 688

Docket No. 78-1230.

Payne v. State

Henry L. PAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 8, 1978.

As Modified September 20, 1978.

District Court of Appeal of Florida · decided 1978-09-20

Good law ✅— No negative treatment on recordhow we know

Decided 1978-09-20

How this case has been cited

Cited by 14 later decisions — most recently December 2011

13 state decisions

11019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1RYDER, Judge.

¶2Appellant moved to vacate the sentence given him after a plea of guilty, alleging that his appointed counsel was ineffective and that his plea was involuntary. The trial judge denied the motion without attaching any portion of the record or file and without holding an evidentiary hearing to determine the veracity of appellant's allegations.

¶3If, as is the case here, a motion to vacate sentence addresses matters which can be raised in a collateral attack, and alleges facts which, if true, would entitle a prisoner to relief, then the judge reviewing the motion must attach that portion of the case file or record which conclusively shows that the prisoner is entitled to no relief, or grant an evidentiary hearing. See Fla.R. Crim.P. 3.850. Neither action was taken by the court below. The cause is, therefore, REMANDED to the trial court under a temporary relinquishment of jurisdiction with instructions (a) to attach that portion of the case file and record which refutes appellant's allegations; or (b) to conduct an evidentiary hearing and, then, either grant or deny the relief sought by appellant.

¶4GRIMES, C.J., and SCHEB, JJ., concur.

/362/so2d/688 · .json · Public domain