ELMORE v. STATE (2020)

Jarvis Elmore appeals the denial of his amended motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm, without further discussion, the postconviction court's denial of all grounds except Ground Two (formerly Ground Sub-A) of Elmore's amended rule 3.850 motion. As to that single claim, we reverse.

In Ground Two, Elmore alleged that trial counsel was ineffective for failing to call a witness. In his amended motion, he adequately alleged: (1) the identity of the prospective witness; (2) the substance of the witness's testimony; (3) the availability of the witness to testify at trial; and (4) an explanation concerning how this omission prejudiced the outcome of the trial. See Brumfield v. State, 259 So. 3d 986, 986 (Fla. 5th DCA 2018) (citing Nelson v. State, 875 So. 2d 579, 582-83 (Fla. 2004)). Because this claim was adequately pled, the trial court erred in its summary denial. Accordingly, we reverse the summary denial of Ground Two of Elmore's amended rule 3.850 motion and remand for an evidentiary hearing or for the attachment of additional records that conclusively refute the claim.

AFFIRMED in part; REVERSED in part; and REMANDED.

PER CURIAM.

EVANDER, C.J., ORFINGER and HARRIS, JJ., concur.