HERNANDEZ v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Alexander A. HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 5D22-298

Decided: November 04, 2022

Matthew R. McLain, of McLain Law, P.A., Longwood, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

Alexander A. Hernandez appeals the postconviction court's summary denial of his eleven-ground motion for relief under Florida Rule of Criminal Procedure 3.850. We affirm the postconviction court's summary denial of grounds two, four, five, six, and seven without further comment. We also affirm that portion of ground one relating to trial counsel's failure to cross examine the victim on her inconsistent statements about who gave her drugs because Hernandez cannot establish prejudice.

We find, however, that the record does not conclusively refute the remaining portion of ground one as well as grounds three and eight. We remand those issues for an evidentiary hearing or for the postconviction court to attach portions of the record conclusively refuting those claims.

AFFIRMED in Part; REVERSED in Part; and REMANDED.

PER CURIAM.

SASSO, TRAVER and NARDELLA, JJ., concur.

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