Sawyers v. State, 90-02363
| Decision Date | 19 September 1990 |
| Docket Number | No. 90-02363,90-02363 |
| Citation | 566 So.2d 942 |
| Parties | 15 Fla. L. Weekly D2388 Tommy Dean SAWYERS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Polk County; J. David Langford, Judge.
Tommy Dean Sawyers appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.
Of the two allegations for relief in his motion, only the first is facially sufficient. Sawyers alleged that his counsel was ineffective, and that his guilty plea was therefore involuntary, as a result of counsel's failure to object when the trial court sentenced him to a consecutive term of imprisonment after counsel had promised Sawyers that his sentence in the present case would be concurrent with other sentences imposed on the same day. The trial court denied the motion without an evidentiary hearing and attached excerpts from two hearings. These portions of the record, however, do not conclusively refute Sawyers' allegation that his plea was induced by counsel's promise of concurrent sentences. See Costello v. State, 260 So.2d 198 (Fla.1972); Lonergan v. State, 495 So.2d 196 (Fla. 2d DCA), review denied, 501 So.2d 1282 (Fla.1986); Ray v. State, 480 So.2d 228 (Fla. 2d DCA 1985).
Accordingly, we reverse the denial of this allegation in Sawyers' motion and remand the case to the trial court. On remand, unless the case files and records conclusively show that Sawyers is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute Sawyers' allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.
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Carter v. State , 2D10–1386.
...not have pleaded but would have proceeded to trial. Mr. Carter presented a facially sufficient claim for relief. See Sawyers v. State, 566 So.2d 942, 942 (Fla. 2d DCA 1990); Lang v. State, 758 So.2d 1219, 1219–20 (Fla. 4th DCA 2000). The postconviction court denied the claim, finding that i......
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McCormick v. State, 2D08-5591.
...to whether the East Pasco County sentences would be concurrent to previously imposed West Pasco County sentences. See Sawyers v. State, 566 So.2d 942 (Fla. 2d DCA 1990); Raben v. State, 715 So.2d 331 (Fla. 1st DCA SILBERMAN, VILLANTI, and LaROSE, JJ., Concur. ...
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Brown v. State, 91-02587
...allegation is true, then appellant might be entitled to relief. See Anfield v. State, 576 So.2d 388 (Fla. 2d DCA 1991); Sawyers v. State, 566 So.2d 942 (Fla. 2d DCA 1990). The trial court denied the motion without an evidentiary hearing, but failed to attach portions of the record that conc......
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Anfield v. State, 91-00329
...three-year minimum mandatory sentences imposed on four of the fourteen counts to which he pleaded guilty. See Sawyers v. State, 566 So.2d 942 (Fla. 2d DCA 1990). The trial court denied the motion without an evidentiary hearing, but did not attach to the order any portion of the files or rec......