MICHAEL MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2014-11-21
No. 5D14-1628
SAWAYA, COHEN and WALLIS, JJ., concur.
152 So. 3d 95 Florida District Court of Appeal, Fifth District (2014) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

*96PER CURIAM.

We affirm the denial of Appellant’s motion for postconviction relief, except as it relates to the severance claim raised in paragraph eight of the motion, which was not addressed by the trial court. We remand for the trial court to either attach portions of the record that refute those allegations, or set an evidentiary hearing.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

SAWAYA, COHEN and WALLIS, JJ., concur.

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  • Martin v. State, 159 So. 3d 382 (Fla. 5th DCA 2015)
    …paragraph eight of the motion,” which the trial court failed to address. We remanded with instructions for the trial court to either attach portions of the record that refuted the allegations or set an evidentia- [*383] ry hearing. Martin v. State, 152 So. 3d 95, 96 (Fla. 5th DCA 2014). However, before we issued the mandate returning jurisdiction to the trial court, it rendered an order denying Martin’s severance claim, attaching portions of the record in support of the denial. We see no error in the trial…

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