SYLVAIN ROLAND GATINEAU, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Jabari Markeith Hird v. State, 204 So. 3d 483 (Fla. 5th DCA 2016)
  …denied the claim for relief set forth as ground one, and remand for the postconviction court to either attach records which conclusively refute that claim, or if such records are not available, to conduct an evidentiary hearing. See Burgos v. State, 181 So. 3d 572 (Fla. 5th DCA 2015). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS. SAWAYA and EVANDER, JJ., concur.…
• Delroy Campbell v. State, 186 So. 3d 626 (Fla. 5th DCA 2016)
  …hearing, we affirm. As to the claims summarily denied, we reverse claims 1(a), 3, 4, and 7, and remand for the trial' court to either provide record attachments which support summary denial or to conduct an evidentiary hearing. See Burgos v. State, 181 So. 3d 572 (Fla. 5th DCA2015); Fla. R. Crim. P. 3.850(f)(5) (“If the denial is based on the records in the case, a copy of that portion of the files and records that conclusively shows that- the defendant is entitled to no relief shall be attached to the final…
• Tray Charles Rudolph v. State, 256 So. 3d 220 (Fla. 5th DCA 2018)
  …he first ground for relief and remand for the postconviction court to either attach sufficient records to support a summary denial or to hold an evidentiary hearing. See Hird v. State, 204 So. 3d 483, 485 (Fla. 5th DCA 2016) (citing Burgos v. State, 181 So. 3d 572 (Fla. 5th DCA 2015) ). We affirm the summary denial of the remaining grounds. We note that review of grounds three through twelve has been waived. See Braddy v. State, 219 So. 3d 803, 825 (Fla. 2017) (citing Duest v. Dugger, 555 So. 2d 849, 852 (Fla…