FREDDIE LEE MCKIVER
v.
STATE OF FLORIDA
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A trial court's summary denial of a postconviction relief claim under Florida Rule of Criminal Procedure 3.850 must be reversed and remanded for an evidentiary hearing or attachment of record portions refuting the claim when the claim is not clearly refuted by the record.
[1] A trial court may not summarily deny a postconviction relief claim under Florida Rule of Criminal Procedure 3.850 unless the claim is clearly refuted by the record; if th…
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Join FLexlaw to unlock all legal intelligenceFreddie Lee McKiver filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court summarily denied all grou…
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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
FREDDIE LEE MCKIVER,
Appellant,
v. Case No. 5D20-1045
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed January 29, 2021
3.850 Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge.
Freddie Lee McKiver, Lowell, pro se.
Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Freddie Lee McKiver appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the summary denial of Ground 1(c) and remand for attachment of portions of the record refuting that claim or an evidentiary hearing. See Goldman v. State, 57 So. 3d 274, 276–77 (Fla. 4th DCA 2011). We affirm in all other respects.
2
AFFIRMED in part, REVERSED in part, and REMANDED.
ORFINGER, EISNAUGLE and TRAVER, JJ., concur.