Peter Cunningham v. State of Florida

District Court of Appeal of Florida

Peter Cunningham v. State of Florida

174 So. 3d 436, 2015 Fla. App. LEXIS 11401, 2015 WL 4549492

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 2015

Docket4D14-4124

StatusPublished

This text of 174 So. 3d 436 (Peter Cunningham v. State of Florida) 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

Peter Cunningham v. State of Florida, 174 So. 3d 436, 2015 Fla. App. LEXIS 11401, 2015 WL 4549492 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

Peter Cunningham, convicted of second degree murder and two counts of attempted manslaughter with a firearm, appeals a circuit court order summarily denying his motion for post-conviction relief, which raised eight grounds. We affirm the circuit court’s summary denial of seven of the grounds without further discussion and reverse its summary denial of ground two.

In ground two, Cunningham claimed ineffective assistance of trial counsel for failure to object and move for mistrial when the jury observed him wearing shackles, during trial. The State’s response and record attachments do not refute this claim. See Torres v. State, 9 So.3d 746 (Fla. 4th DCA 2009).

We remand to the circuit court to hold an evidentiary hearing on this claim or attach portions of the record refuting it.

Reversed and remanded.

WARNER, TAYLOR and LEVINE, JJ., concur.

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