JOSHUA I. HARRIS
v.
STATE
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A postconviction court's summary denial of an ineffective assistance of counsel claim must be reversed when the attached court records do not conclusively refute the claim, requiring either an evidentiary hearing or additional records conclusively establishing the claim's lack of merit.
[1] A postconviction court may not summarily deny an ineffective assistance of counsel claim by Rule 3.850 motion unless the attached court records conclusively refute the cl…
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Join FLexlaw to unlock all legal intelligenceJoshua I. Harris appealed the postconviction court's summary denial of his Rule 3.850 motion for postconviction relief. Harris argued in ground two th…
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PER CURIAM.
Joshua I. Harris appeals the postconviction court’s order summarily denying his
Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. Because the court records attached to the denial order do not conclusively refute Harris’s claim in ground two of his motion, in which he argued that his trial counsel was ineffective for failing to call a defense witness at trial whose testimony Harris alleged would have established that he did not shoot the victim, we reverse that part of the order and remand for the court to either hold an evidentiary hearing on this ground or attach additional records to its order conclusively refuting this claim. We otherwise affirm the order without further discussion.
AFFIRMED in part; REVERSED in part; and REMANDED.
TORPY, BERGER and LAMBERT, JJ., concur.