BAPTISTE v. STATE (2025)

Affirmed.

Wileme Baptiste appeals from the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, wherein he raised thirteen claims of ineffective assistance of trial counsel and cumulative error. I concur with the majority in affirming the summary denial of all claims other than grounds ten and eleven pertaining to counsel's failure to move for a mistrial after the jury reported a deadlock following an Allen ¹ charge, and failure to object to and instead agreeing with the jury's continued deliberation. See Baptiste v. State, 306 So. 3d 306, 308-09 (Fla. 3d DCA 2020), approved, 324 So. 3d 453 (Fla. 2021). With respect to these claims, I would reverse and remand for an evidentiary hearing. See Johnson v. State, 382 So. 3d 22, 24 (Fla. 2d DCA 2024) (“Summarily denied claims are reviewed de novo, and we must accept [the defendant's] factual allegations to the extent that they are not refuted by the record.”); Floyd v. State, 349 So. 3d 519, 520 (Fla. 5th DCA 2022) (“Generally, an evidentiary hearing is required before concluding that certain action or inaction by trial counsel was the result of a strategic decision.” (citing Patrick v. State, 246 So. 3d 253, 264 (Fla. 2018))).

FOOTNOTES

1.   Allen v. United States, 164 U.S. 492 (1896).

PER CURIAM.

LINDSEY and BOKOR, JJ., concur.