Strianese v. State

District Court of Appeal of Florida

Strianese v. State

880 So. 2d 759, 2004 Fla. App. LEXIS 7923, 2004 WL 1219056

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 2004

DocketNo. 2D03-1907

StatusPublished

Cited by1 cases

This text of 880 So. 2d 759 (Strianese 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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Strianese v. State, 880 So. 2d 759, 2004 Fla. App. LEXIS 7923, 2004 WL 1219056 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Louis Strianese challenges an order entered after an evidentiary hearing that denied his motion for postconviction relief, which alleged multiple claims of ineffective assistance of counsel. The trial court summarily denied one of Strianese’s claims but held an evidentiary hearing on the remaining claims. Because the trial court failed to make findings of fact and conclusions of law as to the claims heard at the evidentia-ry hearing before it denied Strianese’s motion, we reverse the order. See Fla. R.Crim. P. 3.850(d) (providing that following an evidentiary hearing on a postconviction claim, the trial court shall make findings of fact and conclusions of law as to the issues presented by the defendant); see also Bunger v. State, 779 So.2d 542 (Fla. 2d DCA 2000); Kornegay v. State, 826 So.2d 1081 (Fla. 1st DCA 2002).

We have considered the other arguments raised by Strianese and find them to be without merit. We affirm without discussion the trial court’s summary denial of Strianese’s claim that trial counsel was ineffective for failing to file a motion for new trial on the basis that the verdict was contrary to the weight of the evidence. On remand, the trial court shall enter an order making findings of fact and conclusions of law to support its determination that Strianese was not entitled to relief on his remaining claims.

Affirmed in part, reversed in part, and remanded.

FULMER, COVINGTON, and WALLACE, JJ., Concur.

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PER CURIAM.

Louis Strianese challenges an order entered after an evidentiary hearing that denied his motion for postconviction relief, which alleged multiple claims of ineffective assistance of counsel. The trial court summarily denied one of Strianese’s claims but held an evidentiary hearing on the remaining claims. Because the trial court failed to make findings of fact and conclusions of law as to the claims heard at the evidentia-ry hearing before it denied Strianese’s motion, we reverse the order. See Fla. R.Crim. P. 3.850(d) (providing that following an evidentiary hearing on a postconviction claim, the trial court shall make findings of fact and conclusions of law as to the issues presented by the defendant); see also Bunger v. State, 779 So.2d 542 (Fla. 2d DCA 2000); Kornegay v. State, 826 So.2d 1081 (Fla. 1st DCA 2002).

We have considered the other arguments raised by Strianese and find them to be without merit. We affirm without discussion the trial court’s summary denial of Strianese’s claim that trial counsel was ineffective for failing to file a motion for new trial on the basis that the verdict was contrary to the weight of the evidence. On remand, the trial court shall enter an order making findings of fact and conclusions of law to support its determination that Strianese was not entitled to relief on his remaining claims.

Affirmed in part, reversed in part, and remanded.

FULMER, COVINGTON, and WALLACE, JJ., Concur.

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880 So. 2d 759, 2004 Fla. App. LEXIS 7923, 2004 WL 1219056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strianese-v-state-fladistctapp-2004.

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