LOUIS JAMES STRIANESE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed a postconviction relief order denying ineffective assistance of counsel claims because the trial court failed to make required findings of fact and conclusions of law after the evidentiary hearing.
A trial court must make findings of fact and conclusions of law following an evidentiary hearing on postconviction ineffective assistance of counsel claims before denying the motion.
[1] Following an evidentiary hearing on a postconviction motion for ineffective assistance of counsel, the trial court must enter findings of fact and conclusions of law befo…
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Join FLexlaw to unlock all legal intelligenceLouis Strianese sought postconviction relief alleging multiple claims of ineffective assistance of counsel. The trial court summarily denied one claim…
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PER CURIAM.
Louis Strianese challenges an order entered after an evidentiary hearing that denied his motion for postconviction relief, which alleged multiple claims of ineffective assistance of counsel. The trial court summarily denied one of Strianese’s claims but held an evidentiary hearing on the remaining claims. Because the trial court failed to make findings of fact and conclusions of law as to the claims heard at the evidentiary hearing before it denied Strianese’s motion, we reverse the order. See Fla. R.Crim. P. 3.850(d) (providing that following an evidentiary hearing on a postconviction claim, the trial court shall make findings of fact and conclusions of law as to the issues presented by the defendant); see also Bunger v. State, 779 So. 2d 542 (Fla. 2d DCA 2000); Kornegay v. State, 826 So. 2d 1081 (Fla. 1st DCA 2002).
We have considered the other arguments raised by Strianese and find them to be without merit. We affirm without discussion the trial court’s summary denial of Strianese’s claim that trial counsel was ineffective for failing to file a motion for new trial on the basis that the verdict was contrary to the weight of the evidence. On remand, the trial court shall enter an order making findings of fact and conclusions of law to support its determination that Strianese was not entitled to relief on his remaining claims.
Affirmed in part, reversed in part, and remanded.
FULMER, COVINGTON, and WALLACE, JJ., Concur.
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Citator
Cited By
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Mitchell v. State, 164 So. 3d 744 (Fla. 2d DCA 2015)…of her claims. Accordingly, we reverse the final order and remand so that the court can make further findings of fact and conclusions of law as to the issues raised at the evidentiary hearing. See Fla. R. Crim. P. 3.850(f)(8)(A); Strianese v. State, 880 So. 2d 759 (Fla. 2d DCA 2004); Hunter v. State, 87 So. 3d 1273 (Fla. 1st DCA 2012). Reversed and remanded with directions. ALTENBERND and KHOUZAM, JJ., Concur.…
Authorities Cited
- Kornegay v. State, 826 So. 2d 1081 (Fla. 1st DCA 2002)
- Fulger v. State, 779 So. 2d 542 (Fla. 2d DCA 2000)
- Bunger v. State, 779 So. 2d 542 (Fla. 2d DCA 2000)