MCCONNELL v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Randall MCCONNELL, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-1729

Decided: April 01, 2021

Randall McConnell, Monticello, pro se. Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

Randall McConnell appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, which raised more than a dozen distinct bases for relief. We affirm as to all but one ground raised, and reverse for the postconviction court to either attach copies of documents conclusively refuting the claim raised in Ground One b.¹ or to conduct an evidentiary hearing with regard to that ground. See Freeman v. State, 761 So. 2d 1055, 1065 n.9 (Fla. 2000); Davidson v. State, 278 So. 3d 741, 743 – 44 (Fla. 5th DCA 2019).

AFFIRMED IN PART; REVERSED IN PART.

FOOTNOTES

1. The postconviction court separately renumbered each of the multiple claims set forth originally as Ground One; both Appellant and this Court have adopted that numbering system.

PER CURIAM.

EVANDER, C.J., EDWARDS, and NARDELLA, JJ., concur.

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