KANDICE DINGEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant appeals the order summarily denying her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In the motion, she alleged two grounds of ineffective assistance of counsel. The trial court properly addressed claim one but did not address the second claim. The second claim alleges that Appellant’s attorney was ineffective for failing to move to suppress her confession based on the argument that she was too intoxicated to waive her constitutional rights properly.
We affirm as to claim one. Because the trial court failed to address claim two, we reverse that part of the order summarily denying that claim and remand this case for attachment of the record that refutes the claim or for an evidentiary hearing.
AFFIRMED in part; REVERSED in part; REMANDED.
SAWAYA, BERGER, and WALLIS, JJ., concur.
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Kandice Dingey v. State, 216 So. 3d 779 (Fla. 5th DCA 2017)…ure 3.850 motion raising two claims of ineffective assistance of counsel. The trial court summarily denied the motion. However, because the trial court’s order did not address Dingey’s second claim, we reversed in part and remanded. Dingey v. State, 210 So. 3d 738 (Fla. 5th DCA 2017) (“Because the trial court failed to address claim two, we reverse that part of the order summarily denying that claim and remand this case [*780] for attachment of the record that refutes the claim or for an evidentiary hearing.”…