MAGEE
v.
STATE
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The Florida District Court of Appeal reviewed a post-conviction relief motion. The court affirmed the denial of one claim but reversed the denial of another, remanding for an evidentiary hearing or record attachment to refute the claim.
The appellate court affirmed the denial of the first ground but reversed the denial of the third ground. The case is remanded for further proceedings on the third ground.
[1] A defendant's allegations of ineffective assistance of counsel based on counsel's failure to present medical evidence of the defendant's physical limitations are facially…
[2] When summarily denying a postconviction motion, the trial court must attach portions of the record that conclusively refute the defendant's allegations.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“On appeal, Magee challenges the summary denial of the first and third grounds, arguing they were facially sufficient and warranted an evidentiary hearing.”
This quote outlines the specific issues raised by the appellant on appeal.
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Join FLexlaw to unlock all legal intelligencePaul Frederick Magee appealed the summary denial of his motion for post-conviction relief. His motion raised four grounds for relief. On appeal, Magee…
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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 PAUL FREDERICK MAGEE, Appellant, v. Case No. 5D18-839 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 31, 2018 3.850 Appeal from the Circuit Court for Orange County, John Marshall Kest, Judge. James S. Purdy, Public Defender, and Sean Kevin Gravel, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Paul Frederick Magee appeals the final order entered by the trial court summarily denying his motion seeking post-conviction relief, filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. The motion raised four grounds for relief, and all were denied by the trial court. On appeal, Magee challenges the summary denial of the first and third grounds, arguing they were facially sufficient and warranted an evidentiary hearing. We affirm as to the court's denial of the first ground; however, we reverse as to the denial of the third ground. On remand, the court must either conduct an evidentiary hearing or attach portions of the record which conclusively refute Magee's ineffective assistance of counsel claim raised in ground three. See Nelson v. State, 73 So. 3d 77, 84 (Fla. 2011). AFFIRMED in part; REVERSED in part; REMANDED. PALMER, LAMBERT and EDWARDS, JJ., concur.