RANDALL MCCONNELL
v.
STATE OF FLORIDA
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A postconviction court must either attach documents conclusively refuting a claim or conduct an evidentiary hearing rather than summarily denying it without explanation.
[1] A postconviction court may not summarily deny a Rule 3.850 claim without either attaching documents conclusively refuting the claim or conducting an evidentiary hearing t…
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Join FLexlaw to unlock all legal intelligenceRandall McConnell filed a Rule 3.850 motion for postconviction relief raising more than a dozen distinct bases for relief. The postconviction court su…
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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
RANDALL MCCONNELL,
Appellant,
v. Case No. 5D20-1729
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed April1, 2021
3.850 Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Jr., Judge.
Randall McConnell, Monticello, pro se.
Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Randall McConnell appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure
2 3.850, which raised more than a dozen distinct bases for relief. We affirm as to all but one ground raised, and reverse for the postconviction court to either attach copies of documents conclusively refuting the claim raised in Ground One b.1 or to conduct an evidentiary hearing with regard to that ground. See Freeman v. State, 761 So. 2d 1055, 1065 n.9 (Fla. 2000); Davidson v. State, 278 So. 3d 741, 743 – 44 (Fla. 5th DCA 2019). AFFIRMED IN PART; REVERSED IN PART. EVANDER, C.J., EDWARDS, and NARDELLA, JJ., concur.