JEROMY S. SCHIEDENHELM
v.
STATE
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A legally and facially sufficient claim of ineffective assistance of counsel that is not conclusively refuted by attachments to the postconviction motion cannot be summarily denied and must proceed to an evidentiary hearing or permit the court to attach portions of the record that conclusively refute the claim.
[1] A postconviction motion raising an ineffective assistance of counsel claim that is legally and facially sufficient cannot be summarily denied; if attachments do not concl…
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Join FLexlaw to unlock all legal intelligenceAppellant Schiedenhelm filed a 3.850 motion for postconviction relief raising eight claims of ineffective assistance of counsel. The trial court summa…
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PER CURIAM. Appellant, Jeromy Schiedenhelm, appeals the order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, where he raised eight claims of ineffective assistance of counsel. Because Appellant filed a legally and facially sufficient claim in ground six, and the attachments do not conclusively refute the claim, we reverse the summary denial of ground six and remand for an evidentiary hearing or for the court to attach portions of the record that conclusively refute the claim. See Cioeta v. State, 204 So. 3d 156 (Fla. 5th DCA 2016). In all other respects,
we affirm.
AFFIRMED in part; REVERSED in part; REMANDED.
SAWAYA, TORPY, and WALLIS JJ., concur.
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Citator
Cited By
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Schiedenhelm v. State, 255 So. 3d 431 (Fla. 5th DCA 2018)
Authorities Cited
- Cioeta v. State, 204 So. 3d 156 (Fla. 5th DCA 2016)