VILLALBA SANTOS v. STATE (2026)

Christian J. Villalba-Santos appeals an order summarily denying his Amended Motion for Postconviction Relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the denial of amended claim 6, but otherwise affirm.

In amended claim 6, Villalba-Santos alleged that he was incompetent to proceed to trial, and that an expert confirmed as much, but that his counsel failed to move for a competency determination. See Turem v. State, 220 So. 3d 504, 506 (Fla. 5th DCA 2017) (“A claim that counsel failed to investigate a defendant's mental health and failed to seek a competency determination is cognizable in a rule 3.850 motion.”); Thompson v. State, 88 So. 3d 312, 318–19 (Fla. 4th DCA 2012). This claim is sufficiently pled, and the postconviction court did not attach any records to its order conclusively refuting the claim. See Fla. R. Crim. P. 3.850(f).¹ Accordingly, we reverse and remand as to amended claim 6 for the postconviction court to attach records conclusively refuting the claim or for an evidentiary hearing.

Affirmed in part; Reversed in part; and Remanded.

FOOTNOTES

1.   Florida Rule of Criminal Procedure 3.850(f) has since been amended and re-lettered to 3.850(h), effective January 1, 2026.

Per Curiam.

Jay, C.J., and Makar and Eisnaugle, JJ., concur.