Summary
The Florida Third District Court of Appeal affirmed the summary denial of Robert Velazco’s first and third postconviction claims under Florida Rule of Criminal Procedure 3.850. It reversed and remanded as to the second claim, directing the trial court either to attach documents conclusively refuting the claim or to conduct an evidentiary hearing.
Topics
Practice areas
Questions Presented
- Whether the summary denial of Velazco's first and third postconviction claims should be affirmed.
- Whether the summary denial of the second postconviction claim was proper when the record did not conclusively refute the claim.
Holdings
- The denial of Velazco's first and third claims was affirmed.
- The trial court could not summarily deny the second claim unless the record conclusively refuted it; the court was required either to attach documents conclusively refuting the claim or conduct an evidentiary hearing.
Key quotations
“postconviction proceedings cannot serve as a second appeal.” (at 1)
“we are constrained to reverse the denial of the second claim with instructions for the trial court to either attach documents that conclusively refute the claim or conduct an evidentiary hearing” (at 2)
Factual background
Velazco sought postconviction relief under Florida Rule of Criminal Procedure 3.850 and raised three claims. The second claim concerned alleged misadvice about the consequences of testifying at trial, specifically whether the State could inquire into the specifics or nature of his prior felony convictions. Velazco alleged that, absent the alleged misadvice, he would have testified differently or testified in his own defense.
Procedural history
Velazco filed a motion for postconviction relief raising three claims. The Circuit Court for Miami-Dade County summarily denied the motion. On appeal, the Third District affirmed the denial of the first and third claims, but reversed the denial of the second claim and remanded for attachment of documents conclusively refuting that claim or an evidentiary hearing.
Remand instructions
For the second claim, the trial court must either attach documents that conclusively refute the claim or conduct an evidentiary hearing. The denials of the first and third claims remain affirmed.