SCHIEDENHELM v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Jeromy Stephen SCHIEDENHELM, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-3504

Decided: August 31, 2018

Jeromy Stephen Schiedenhelm, Live Oak, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

Appellant, Jeromy Schiedenhelm, appeals the order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, where he raised eight claims of ineffective assistance of counsel. Because Appellant filed a legally and facially sufficient claim in ground six, and the attachments do not conclusively refute the claim, we reverse the summary denial of ground six and remand for an evidentiary hearing or for the court to attach portions of the record that conclusively refute the claim. See Cioeta v. State, 204 So.3d 156 (Fla. 5th DCA 2016). In all other respects, we affirm.

AFFIRMED in part; REVERSED in part; REMANDED.

PER CURIAM.

SAWAYA, TORPY, and WALLIS JJ., concur.

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