KODSY v. STATE (1999)

District Court of Appeal of Florida,Fourth District.

Sherif KODSY, Appellant, v. STATE of Florida, Appellee.

No. 99-1382.

Decided: September 08, 1999

Sherif Kodsy, Indiantown, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

Appellant Sherif Kodsy appeals the order that denied his postconviction motion without evidentiary hearing, but with reference to the attachments to the state's response. Kodsy's motion alleged that his trial counsel rendered ineffective assistance in several instances during his trial and sentencing. We agree with the trial court's conclusion that he is entitled to no relief on his allegation that counsel should have moved for a mistrial during the state's closing argument. We affirm the denial of the motion on that ground only.

Kodsy's remaining allegations were legally sufficient and were not conclusively disproved by the portions of the record attached to the state's response. We, therefore, reverse the denial of the relief on those claims and remand the case for evidentiary hearing.

REVERSED AND REMANDED.

PER CURIAM.

WARNER, C.J., KLEIN and HAZOURI, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network