KELVIN THOMPSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
KELVIN THOMPSON, PETITIONER,
STATE OF FLORIDA, RESPONDENT
187 So. 3d 1265
Florida District Court of Appeal, Fifth District (2016)
Positive Treatment
Cited by 1 case
Opinion of the Court
The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the August 11, 2015 order denying Postconviction Motion in Case No. 05-1996-CF-008482-A, in the Circuit Court in and for Brevard County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).
PETITION GRANTED.
LAWSON, C.J., BERGER and LAMBERT, JJ., concur.
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Jones v. State, 226 So. 3d 1012 (Fla. 5th DCA 2017)…ot Ferebee’s. Thus, because the order does not include record attachments conclusively refuting ground three, we reverse and remand for the postconviction court to “attach the correct records or address the claim on the merits.” See Hunter v. State, 187 So. 3d 1265, 1265 (Fla. 5th DCA 2016) (citing Fla. R. Crim. P. 3.850(f)(4)). In ground seven, Jones argued his trial counsel provided ineffective assistance by failing to request an “independent act” jury instruction based on his allegation that “no guns were…