RUH v. STATE (2020)

We affirm, without further discussion, the summary denial of grounds one, two, and four of Appellant's Florida Rule of Criminal Procedure 3.850 amended motion for postconviction relief. We reverse the summary denial of ground three of the motion regarding Appellant's claim that his trial counsel was ineffective for failing to call a toxicologist to testify at trial and remand for the court to hold an evidentiary hearing on this claim.

Lastly, we reverse the postconviction court's denial of ground five of Appellant's amended motion and remand with directions that the trial court correct the scrivener's error in Appellant's scoresheet to show that Appellant proceeded to trial instead of tendering a guilty plea.

AFFIRMED, in part; REVERSED, in part; REMANDED with directions.

PER CURIAM.

LAMBERT, SASSO, and TRAVER, JJ., concur.