IRA DEJON DAVIS
v.
STATE OF FLORIDA
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A trial court's summary denial of a postconviction relief motion under Florida Rule of Criminal Procedure 3.850 must be reversed and remanded when the record does not clearly refute the claim raised.
[1] A trial court may not summarily deny a postconviction relief motion under Florida Rule of Criminal Procedure 3.850 unless the record clearly refutes the claim; if the rec…
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Join FLexlaw to unlock all legal intelligenceIra Dejon Davis filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 raising nine grounds. The trial court summaril…
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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
IRA DEJON DAVIS,
Appellant,
v. Case No. 5D20-388
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed July 2, 2020
3.850 Appeal from the Circuit Court for Brevard County, Charles G. Crawford, Judge.
Ira Dejon Davis, Lake City, pro se.
Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Ira Dejon Davis appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Two through Nine. We reverse, however, the summary denial of Ground One and remand for attachment of portions of the record refuting that claim or an evidentiary hearing. See Joseph v. State, 214 So. 3d 741, 742 (Fla. 5th DCA 2017).
2 AFFIRMED in part, REVERSED in part, and REMANDED.
COHEN, LAMBERT and TRAVER, JJ., concur.