Lethena Smith v. State

192 So. 3d 651, 2016 WL 3032661, 2016 Fla. App. LEXIS 8058

Opinion

PER CURIAM.

Lethena Smith appeals the final order entered by the trial court summarily denying her Florida Rule of Criminal-Procedure 3.850 motion for postconvietion relief. The motion alleged ineffective assistance of trial counsel which resulted in Smith’s convictions on second-degree murder and aggravated battery. We affirm as to the denial of Smith’s first and fourth grounds for relief, but reverse as to the denial of her second ground for relief (failure to request DNA testing) and her third ground for relief (failure to introduce admissions of a witness) because the trial court failed to attach documents which conclusively refute those claims. Accordingly, we reverse and remand for the trial court to either attach documents sufficient to conclusively refute Smith’s second and third grounds for relief or to hold- an evi-dentiary healing thereon.

AFFIRMED in part; REVERSED in part; and REMANDED.

SAWAYA, PALMER and TORPY, JJ., concur.