David Lee DeBenedictis, Appellant, v. State of Florida, Appellee. (2025)

David DeBenedictis appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 in which he raised nine grounds for relief—eight claims of ineffective assistance of counsel and a claim of cumulative error. Because DeBenedictis has failed to demonstrate that he is entitled to relief as to grounds six and seven, we affirm as to those two claims. The postconviction court, however, failed to attach records to its order summarily denying the motion as to grounds one through five, eight, and nine. To uphold a summary denial of a postconviction motion, “the claims must be either facially invalid or conclusively refuted by the record.” Newcomer v. State, 371 So. 3d 435, 437 (Fla. 5th DCA 2023) (quoting Peede v. State, 748 So. 2d 253, 257 (Fla. 1999)). On appeal, “unless the record shows conclusively that the appellant is entitled to no relief, the order must be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.” Fla. R. App. P. 9.141(b)(2)(D). As the record on appeal fails to show that DeBenedictis was not entitled to relief on grounds one through five and eight and nine, we reverse the postconviction court's denial as to these grounds and remand for further proceedings.

Affirmed in part; Reversed in part; and Remanded with instructions.

Per Curiam.

Makar, Harris, and Soud, JJ., concur.