MICHAEL YACOB
v.
STATE OF FLORIDA
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Michael Yacob appealed the denial of his Rule 3.850 motion for postconviction relief raising seven grounds. The court affirmed grounds one through five but reversed and remanded on grounds six and seven based on the State's concession of error, finding the trial court failed to adequately address Yacob's ineffective assistance of counsel claims.
The court reversed and remanded grounds six and seven, holding that the trial court must either conduct an evidentiary hearing or attach portions of the record that conclusively refute the ineffective assistance of counsel claims before denying them summarily. The failure to address these grounds or provide refutative record material was reversible error.
[1] When a trial court summarily denies a postconviction relief motion raising ineffective assistance of counsel claims, the trial court must either address the claims substa…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“we are unable to determine whether these allegations meet the requirements of Strickland v. Washington, 466 U.S. 668 (1984), as the trial court failed to address grounds six and seven in its order denying Yacob's motion and failed to attach any portion of the record that would refute these allegations”
Court's explanation for reversal on grounds six and seven of the postconviction motion
Yacob filed a postconviction relief motion under Florida Rule of Criminal Procedure 3.850, raising seven distinct grounds for relief. Grounds six and …
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August 14, 2019 PER CURIAM.
Michael Yacob seeks review of the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Yacob raised seven grounds for relief. We affirm on grounds one through five without discussion. However, upon the State’s proper concession of error, we reverse and remand on grounds six and seven.
On review of a summary denial of a motion for postconviction relief, this Court accepts the defendant’s allegations as true to the extent that they are not conclusively refuted by the record. See Ventura v. State, 2 So. 3d 194, 197-98 (Fla. 2009). The trial court may summarily deny postconviction claims that are legally insufficient, that should have been brought on direct appeal, or that are positively refuted by the record. See Gore v. State, 24 So. 3d 1, 11 (Fla. 2009). In grounds six and seven, Yacob raised allegations of ineffective assistance of counsel. However, we are unable to determine whether these allegations meet the requirements of Strickland v. Washington, 466 U.S. 668 (1984), as the trial court failed to address grounds six and seven in its order denying Yacob’s motion and failed to attach any portion of the record that would refute these allegations. Accordingly, we reverse and remand the case to the trial court to either conduct an evidentiary hearing or attach portions of the record that conclusively refute the claims of Yacob in grounds six and seven.
AFFIRMED in part; REVERSED in part, and REMANDED.
RAY, C.J., and LEWIS 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.
_____________________________ Michael Yacob, pro se, Appellant. Ashley Moody, Attorney General, and Frank X. Moehrle, Assistant Attorney General, Tallahassee, for Appellee.
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- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979)