ADRIAN JAMES
v.
STATE
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The trial court properly summarily denied the postconviction motion on all grounds except claim three, which requires an evidentiary hearing.
[1] Summary denial of a Rule 3.850 postconviction motion is improper when a claim presents factual issues that cannot be resolved without an evidentiary hearing.
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Join FLexlaw to unlock all legal intelligenceAdrian James, a pro se appellant, filed a Rule 3.850 motion for postconviction relief in the Circuit Court for Seminole County. The trial court summar…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ADRIAN JAMES, Appellant,
v. Case No. 5D17-3557 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 16, 2018 3.850 Appeal from the Circuit Court for Seminole County, Melanie Chase, Judge.
Adrian James, Wewahitchka, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM. Adrian James appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of relief as to all grounds except claim three. As to claim three, we remand for an evidentiary hearing.
AFFIRMED in part; REVERSED in part; and REMANDED.
COHEN, C.J., ORFINGER and LAMBERT, JJ., concur.