James M. Newton v. State

201 So. 3d 1243, 2016 Fla. App. LEXIS 15696

Opinion

PER CURIAM.

■ James M. Newton appeals the summary denial of all fourteen grounds raised in his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds One through Seven and Grounds Nine through Eleven. We reverse the summary denial of Grounds Eight, Twelve, Thirteen, and Fourteen, and remand for attachment of portions of the record refuting each of these grounds,or for an evidentiary hearing. See 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 insuffíciént.”).

AFFIRMED in part, REVERSED in part, and REMANDED.

ORFINGER, TORPY and BERGER, JJ., concur.