WILLY FILS MESIDOR
v.
STATE OF FLORIDA
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A trial court's summary denial of a postconviction 3.850 motion must be reversed and remanded for an evidentiary hearing when the record does not conclusively refute a claim of ineffective assistance of counsel.
[1] On appeal from summary denial of a postconviction motion alleging ineffective assistance of counsel, if the record does not conclusively refute the claim, the trial court…
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Join FLexlaw to unlock all legal intelligenceWilly Fils Mesidor appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Mesidor claimed…
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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
WILLY FILS MESIDOR,
Appellant,
v. Case No. 5D19-1867
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed February 7, 2020
3.850 Appeal from the Circuit Court for Orange County, Denise Beamer, Judge.
Willy Fils Mesidor, Lake City, pro se.
Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Willy Fils Mesidor appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The records attached do not conclusively refute Mesidor’s third claim for relief, which alleges that his trial counsel was ineffective for failing to secure Giovannie Avril’s testimony through subpoena. Therefore, we reverse and remand for the trial court to either provide attachments that conclusively refute this claim, or hold an evidentiary hearing. See, e.g., Rivera v. State,
2 264 So. 3d 398, 399–400 (Fla. 5th DCA 2019) (citing Reynolds v. State, 227 So. 3d 220, 221 (Fla. 5th DCA 2017)). We affirm the summary denial of all other claims.
AFFIRMED in part; REVERSED in part; and REMANDED.
ORFINGER, EDWARDS and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jones v. State, 227 So. 3d 220 (Fla. 1st DCA 2017)
- J.W. v. State, 264 So. 3d 398 (Fla. 5th DCA 2019)