JAMES
v.
STATE

Fla. 5th DCA | 2018-02-16
No. Case No. 5D17–3557
Anderson, Hawkins, Lee, Patterson, Prather, Robertson, Sullivan, Walker
245 So. 3d 860 Florida District Court of Appeal, Fifth District (2018)

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Holding

The trial court properly summarily denied appellant's postconviction relief claims except for claim three, which warrants an evidentiary hearing.


Headnotes

[1] A trial court may summarily deny a postconviction relief motion under Florida Rule of Criminal Procedure 3.850 only when the motion does not present issues requiring an e…

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Facts & Procedural History

Adrian James, a criminal defendant, filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 in Seminole County Circuit…

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Opinion of the Court

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ADRIAN JAMES, Appellant,

v. Case No. 5D17-3557 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 16, 2018 3.850 Appeal from the Circuit Court for Seminole County, Melanie Chase, Judge.

Adrian James, Wewahitchka, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. Adrian James appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of relief as to all grounds except claim three. As to claim three, we remand for an evidentiary hearing.

AFFIRMED in part; REVERSED in part; and REMANDED.

COHEN, C.J., ORFINGER and LAMBERT, JJ., concur.


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