GREGORY GAFFNEY v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

GREGORY GAFFNEY, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D15-3914

Decided: February 24, 2017

Gregory Gaffney, Crawfordville, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

Gregory Gaffney appeals the order of the trial court denying Grounds One through Nine of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm as to Grounds Two through Nine. However, because the record attachments do not conclusively refute Gaffney's claim that his trial counsel was ineffective for threatening or coercing him into deciding not to testify at trial, we reverse the summary denial of Ground One and remand for attachment of portions of the record conclusively refuting this claim or for an evidentiary hearing. See Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So. 2d 726 (Fla. 1996))).

AFFIRMED in part, REVERSED in part, and REMANDED.

PER CURIAM.

SAWAYA, BERGER and LAMBERT, JJ., concur.

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