Florida Criminal Appeals and Post-Conviction
Former Prosecutor with 27 Years of Experience
Appeals Lawyer
Former Prosecutor with 27 Years of Experience
Appeals Lawyer

Denial of 3.850 without hearing reversed on appeal.

posted 2016 | PM v. State (Sarasota County)

Client was arrested for his third DUI and went to trial with another criminal defense lawyer.  He was convicted, sentenced to jail and had his license suspended for life.  Client filed an appeal with another lawyer, which was denied. Client then hired another well-known local criminal defense lawyer to file a motion for post-conviction relief under rule 3.850.  The motion contained four grounds, but the trial court denied the motion without an evidentiary hearing.

Client decided to hire Mr. Forman to appeal the denial of his 3.850 motion.  After reviewing the motion, Mr. Forman believed that the trial court improperly denied the motion without a hearing.  The client also should have been allowed to amend the poorly written motion.   Mr. Forman handled the appeal and as expected, the appellate court reversed the denial of the client’s motion.  Client will now be able to proceed on his motion!  Client was very pleased at the result.

 

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