Brunk v. State

District Court of Appeal of Florida

Brunk v. State

174 So. 3d 1105, 2015 Fla. App. LEXIS 13901, 2015 WL 5456585

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 2015

DocketNo. 5D15-145

StatusPublished

This text of 174 So. 3d 1105 (Brunk v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brunk v. State, 174 So. 3d 1105, 2015 Fla. App. LEXIS 13901, 2015 WL 5456585 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

Jamie Brunk appeals the summary denial of her motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, alleging three claims of ineffective assistance of counsel. As to Ground One, we affirm. We reverse as to Grounds Two and Three because the trial court failed to attach records that conclusively refute these two claims.

Accordingly, we reverse that part of the order' under review summarily denying Grounds Two and Three and remand this case to the trial court to either attach the necessary records that conclusively refute those claims or hold an evidentiary hearing.

AFFIRMED in part; REVERSED in part; REMANDED.

SAWAYA, COHEN and EDWARDS, JJ., concur.

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PER CURIAM.

Jamie Brunk appeals the summary denial of her motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, alleging three claims of ineffective assistance of counsel. As to Ground One, we affirm. We reverse as to Grounds Two and Three because the trial court failed to attach records that conclusively refute these two claims.

Accordingly, we reverse that part of the order' under review summarily denying Grounds Two and Three and remand this case to the trial court to either attach the necessary records that conclusively refute those claims or hold an evidentiary hearing.

AFFIRMED in part; REVERSED in part; REMANDED.

SAWAYA, COHEN and EDWARDS, JJ., concur.

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Bluebook (online)

174 So. 3d 1105, 2015 Fla. App. LEXIS 13901, 2015 WL 5456585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunk-v-state-fladistctapp-2015.