RENALDO LEON WINTERS
v.
STATE OF FLORIDA
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Renaldo Leon Winters appealed the denial of his motion for postconviction relief. The trial court summarily denied seven of his eight grounds and granted an evidentiary hearing on the eighth ground regarding trial counsel's alleged deficiency. The appellate court affirmed the complete denial of all grounds.
The appellate court affirmed the trial court's denial of all postconviction relief grounds. The court found that Winters failed to specify facts, unrebutted by the record, demonstrating entitlement to relief on the first seven grounds, and found no basis to overturn the trial court's findings and credibility determinations on the eighth ground regarding trial counsel's performance.
[1] A motion for postconviction relief will be summarily denied when the defendant fails to specify facts unrebutted by the record that demonstrate entitlement to relief.
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Join FLexlaw to unlock all legal intelligenceWinters filed a postconviction relief motion with eight separate grounds for relief. The trial court summarily denied the first seven grounds without …
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September 14, 2018 PER CURIAM.
Renaldo Leon Winters challenges the denial of his motion for postconviction relief. We affirm.
The trial court summarily denied the first seven grounds of his motion but granted an evidentiary hearing on the eighth and final ground. We affirm the summary denial of the initial seven grounds because Winters did not specify facts, unrebutted by the record, demonstrating entitlement to relief. See Rose v. State, 617 So. 2d 291, 296 (Fla. 1993); see also Cortes v. State, 85 So. 3d 1135, 1139 (Fla. 4th DCA 2012). We note that in concluding Winters did not establish a basis for relief, this court consulted our own records, as we are permitted to do. See Loren v. State, 601 So. 2d 271 (Fla. 1st DCA 1992).
As for the remaining ground, which alleged trial counsel was deficient in failing to advise Winters of the possibility of sentencing as a Prison Releasee Reoffender, we find no basis to overturn the trial court’s findings of fact and credibility determinations following an evidentiary hearing.
Accordingly, the order denying postconviction relief is AFFIRMED.
WETHERELL, BILBREY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Victor Holder, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Amanda D. Stokes, Assistant Attorney General, Tallahassee, for Appellee.
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Citator
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- Milo A. Rose v. State, 617 So. 2d 291 (Fla. 1993)
- Loren v. State, 601 So. 2d 271 (Fla. 1st DCA 1992)
- Cortes v. State, 85 So. 3d 1135 (Fla. 4th DCA 2012)