MARQUIS STOKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that some claims were properly denied, but others required further review due to insufficient record attachments.
Marquis Stokes appealed the summary denial of his postconviction relief motions. The appellate court reviewed the denial of various claims presented i…
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Marquis Stokes appeals the summary denial of his original and amended verified motions for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial of claims one and two of the original motion and claims one, two, three, and four of the amended motion without further comment. However, because the attached *511record does not conclusively refute claim three of the original motion1 and claim five of the amended motion,2 we reverse and remand with instructions that the trial court either grant the relief, conduct an evidentiary hearing, or attach the records that conclusively refute the claims.3
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
TORPY, JACOBUS and BERGER, JJ., concur.
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Citator
Cited By
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Algie Scott v. State, 128 So. 3d 191 (Fla. 5th DCA 2013)…relief on all grounds except ground one. As for ground one, we reverse the trial court’s summary denial and remand this cause for either an evidentiary hearing or for the attachment of records that conclusively refute the claim. See Stokes v. State, 107 So. 3d 510, 511 (Fla. 5th DCA2013). AFFIRMED in part; REVERSED in part; and REMANDED. COHEN and WALLIS, JJ., concur.…
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Clinton v. State, 188 So. 3d 912 (Fla. 5th DCA 2016)…however, the appropriate action is to afford Appellant at least one opportunity to amend those portions of his motion in accordance with Florida Rule of Criminal Procedure 3.850(f)(3); Spera v. State, 971 So. 2d 754, 761 (Fla.2007); Stokes v. State, 107 So. 3d 510, 510 (Fla. 5th DCA 2013); and Luckey v. State, 979 So. 2d 353, 354-55 (Fla. 5th DCA 2008). Accordingly, we reverse in part and remand with instructions to the trial court to permit Appellant the opportunity to amend grounds two and four regarding th…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)