ANTHONY HOUSE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by failing to address one of the grounds raised in the defendant's motion for postconviction relief.
The defendant alleged his trial counsel misadvised him about his sentence length, leading to a longer sentence than expected. The trial court mentione…
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VILLANTI, Judge.
Anthony House, Jr., challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, House raised four grounds for relief. Because the trial court failed to address the claim raised in ground four, we reverse and remand on this ground. We affirm grounds one, two and three without comment.
In his motion, House alleged that his trial counsel misadvised him that he would be sentenced, as a youthful offender, to four years in prison and two years of probation. House was actually sentenced to ten years in prison. In its order denying the motion, the trial court mentioned that House raised this issue, but the trial court then failed to address it.
We therefore reverse and remand for further proceedings. If the trial court again summarily denies House’s motion, it shall attach those portions of the record which refute his claim.
Affirmed in part; reversed and remanded in part.
STRINGER and KELLY, JJ., Concur.
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Hempstead v. State, 980 So. 2d 1254 (Fla. 2d DCA 2008)…ell. Because the postconviction court did not adequately address claim 9 and the court’s order and attachments do not conclusively refute the claim, we reverse and remand the summary denial of this claim for further proceedings. See House v. State, 869 So. 2d 1229, 1229 (Fla. 2d DCA 2004) (remanding for further proceedings when the postconviction court mentioned an issue but then failed to address it in its order summarily denying a rule 3.850 motion). Because we are reversing the summary denial of this claim…
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Harvey v. State, 34 So. 3d 213 (Fla. 2d DCA 2010)…d sentencing documents need not be because they properly resolved those errors. On appeal, the State concedes that a proper evidentiary hearing is necessary to resolve the overlooked claims of ineffective assistance of counsel. See House v. State, 869 So. 2d 1229 (Fla. 2d DCA 2004). Therefore, we reverse the orders in these three cases that failed to address the ineffective assistance claims and remand for an evidentiary hearing. KELLY and CRENSHAW, JJ., Concur.…