Issac Burt v. State

District Court of Appeal of Florida

Issac Burt v. State

225 So. 3d 413, 2017 Fla. App. LEXIS 12563, 2017 WL 3795150

CourtDistrict Court of Appeal of Florida

DecidedSeptember 1, 2017

DocketCase 5D17-724

StatusPublished

This text of 225 So. 3d 413 (Issac Burt 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

Issac Burt v. State, 225 So. 3d 413, 2017 Fla. App. LEXIS 12563, 2017 WL 3795150 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Issac Burt (“Appellant”) appeals the trial court’s order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief alleging ineffective assistance of counsel. We find that the attached records conclusively refute ground one of Appellant’s motion. However, we do not find that the attached records conclusively refute the remaining grounds, in which Appellant argued that defense counsel provided ineffective assistance by failing to object to repeated improper statements during the State’s closing argument (ground two) and by failing to adequately cross-examine the State’s expert witness (ground .three). Therefore, we reverse and remand for the trial court to either attach records conclusively refuting grounds two and three or to hold an evidentiary hearing on these grounds. See, e.g., Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”).

AFFIRMED in part; REVERSED in part; REMANDED with Instructions.

COHEN, C. J., WALLIS and EDWARDS, JJ., concur.

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PER CURIAM.

Issac Burt (“Appellant”) appeals the trial court’s order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief alleging ineffective assistance of counsel. We find that the attached records conclusively refute ground one of Appellant’s motion. However, we do not find that the attached records conclusively refute the remaining grounds, in which Appellant argued that defense counsel provided ineffective assistance by failing to object to repeated improper statements during the State’s closing argument (ground two) and by failing to adequately cross-examine the State’s expert witness (ground .three). Therefore, we reverse and remand for the trial court to either attach records conclusively refuting grounds two and three or to hold an evidentiary hearing on these grounds. See, e.g., Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”).

AFFIRMED in part; REVERSED in part; REMANDED with Instructions.

COHEN, C. J., WALLIS and EDWARDS, JJ., concur.

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Bluebook (online)

225 So. 3d 413, 2017 Fla. App. LEXIS 12563, 2017 WL 3795150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/issac-burt-v-state-fladistctapp-2017.

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