LIVINGSTON JARROD WINTERS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-09-22
No. 2023-0517
Florida District Court of Appeal, Fifth District (2023)

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Holding

When a postconviction court reattaches records on remand, those records must conclusively refute a defendant's claim for relief; if they do not, an evidentiary hearing is required.

Headnotes

[1] Summary denial of a postconviction motion is improper when the record attachments do not conclusively refute the defendant's claim; an evidentiary hearing is required.

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Facts & Procedural History

Winters appealed the postconviction court's amended order summarily denying grounds two, three, and four of his Rule 3.850 motion after the appellate …

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Topics
Conclusively Refute Florida Rule Of Criminal Procedure 3.850 Motion For Postconviction Relief Evidentiary Hearing

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Opinion of the Court

PER CURIAM.

Livingston Jarrod Winters appeals the postconviction court’s amended order summarily denying grounds two, three, and four of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief after remand.1 Concluding that the record attachments to the amended order have not conclusively refuted Winters’s claim for relief on ground two, we reverse that aspect of the amended order and remand for an evidentiary hearing.2 We affirm the postconviction court’s denial of grounds three and four without further discussion.

AFFIRMED, in part, REVERSED, in part, and REMANDED for further proceedings.

EDWARDS, C.J., MAKAR and LAMBERT, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Footnotes
1 In Winters v. State, 347 So. 3d 526 (Fla. 5th DCA 2022), we affirmed the lower court’s summary denial of ground one of Winters’s motion. We reversed the summary denial of grounds two, three, and four and remanded for the court to either attach records to its order that conclusively refuted these grounds for relief or to hold an evidentiary hearing. Id. at 528. The court subsequently attached records to its amended order and did not hold a hearing. 2 To facilitate the resolution of this evidentiary hearing, the postconviction court may wish to consider granting Winters leave to more fully explain ground two of his pro se motion.

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