WINSTON MONROE PITTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the summary denial of his amended rule 3.850 motion for postconviction relief asserting six grounds for relief. We affirm the trial court’s summary denial of relief on four of those grounds without discussion. However, we reverse with respect to the appellant’s third and fourth stated claims that counsel rendered ineffective assistance in failing to inform him of the elements of the charged crimes and remand with directions for the trial court to either hold an evidentiary hearing or to attach portions of the record conclusively refuting the appellant’s entitlement to relief. See Webster v. State, 744 So. 2d 1033 (Fla. 1st DCA 1999); Marshall v. State, 540 So. 2d 921, 922 (Fla. 1st DCA 1989).
We certify conflict with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002) as to Appellant’s constitutional challenge that Chap. 99-188, Laws of Florida violates the constitutional single subject rule.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
BARFIELD, WEBSTER and BROWNING, JJ. Concur.
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King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005)…but we are sending a copy of this opinion to The Florida Bar Criminal Procedure Rules Committee and Appellate Court Rules Committee for consideration. Id. at 360. Mr. Coblentz’s procedural difficulties continued, as reflected in Coblentz v. State, 855 So. 2d 681 (Fla. 2d DCA 2003), where we stated: Mr. Coblentz followed this court’s advice and filed a motion for relief from judgment pursuant to rule 1.540(b). The trial court denied the motion and noted that Mr. Coblentz had filed two previous motions to co…
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Renoit Saintelien v. State, 990 So. 2d 494 (Fla. 2008)…Coblentz v. State, 775 So. 2d 359, 360 (Fla. 2d DCA 2000) (remanding for Coblentz to raise his sexual predator designation challenge in a civil proceeding although the record strongly indicated that the designation was erroneous); Coblentz v. State, 855 So. 2d 681, 682 (Fla. 2d DCA 2003) (ultimately reversing the civil division’s order denying Coblentz’s Florida Rule of Civil Procedure 1.540(b) motion for relief from judgment challenging his sexual predator designation); Jackson v. State, 801 So. 2d 212, 213…
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Purdue v. R. J. Reynolds Tobacco Co., 259 So. 3d 918 (Fla. 2d DCA 2018)…construction or voidness issue, we review the rule 1.540 order de novo").4 In my opinion, the trial judge 4Indeed, this ruling may even be subject to the enigmatically elevated "gross abuse of discretion" standard of review. See Coblentz v. State, 855 So. 2d 681, 682 (Fla. 2d DCA 2003) ("Generally an order entered pursuant to Florida Rule of Civil Procedure 1.540(b) is reviewed under a gross abuse of discretion standard." (citing Tilden Groves Holding Corp. v. Orlando/Orange Cty. Expressway, 816 So. 2d 658,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Webster v. State, 744 So. 2d 1033 (Fla. 1st DCA 1999)
- Marshall v. State, 540 So. 2d 921 (Fla. 1st DCA 1989)