James M. Newton v. State

District Court of Appeal of Florida

James M. Newton v. State

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

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 2016

Docket5D16-1352

StatusPublished

Cited by1 cases

This text of 201 So. 3d 1243 (James M. Newton 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.

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James M. Newton v. State, 201 So. 3d 1243, 2016 Fla. App. LEXIS 15696 (Fla. Ct. App. 2016).

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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.

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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.

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201 So. 3d 1243, 2016 Fla. App. LEXIS 15696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-m-newton-v-state-fladistctapp-2016.

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