THEOPHILUS BESSELLIEU v. STATE (2017)

THEOPHILUS BESSELLIEU, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D16–4508

Decided: June 06, 2017

Theophilus Bessellieu, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Robert Charles Lee, Assistant Attorney General, Tallahassee, for Appellee.

Appellant, Theophilus Bessellieu, challenges the summary denial of his rule 3.850 motion. In his brief, Bessellieu raised four issues. This Court affirms without further comment on three of the issues. However, Appellant's argument that Ground One of his motion was not conclusively refuted by the portions of the record attached to the lower court's order is found to have merit. The lower court's attachment of an outdated Information has led us to this conclusion. We hereby reverse and remand with instruction to either attach portions of the record conclusively refuting Appellant's claim in Ground One, or to conduct an evidentiary hearing to determine whether ineffective assistance of counsel was provided.

REVERSED and REMANDED for attachment of record evidence to the lower court's order, or, in the event of the absence of such evidence, for an evidentiary hearing.

PER CURIAM.

ROBERTS, C. J., WINOKUR, and M.K. THOMAS, JJ., CONCUR.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network