DUQUESNE v. STATE (2021)

District Court of Appeal of Florida, Third District.

Andres Ambrosio DUQUESNE, Appellant, v. The STATE of Florida, Appellee.

No. 3D20-1395

Decided: April 21, 2021

Before SCALES, MILLER, and LOBREE, JJ.

Andres Ambrosio Duquesne, in proper person. Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

Andres Ambrosio Duquesne appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, in which he raised eight claims of ineffective assistance of counsel. We affirm, but note the order denying Duquesne's motion only addressed four of the eight issues alleged. Thus, we remand for the trial court to make a determination as to the remaining claims. See Schrack v. State, 958 So. 2d 985, 986 (Fla. 4th DCA 2007) (“A trial court order that does not address all of the claims for post-conviction relief will be remanded for entry of an order that does.”) (citations omitted); Currelly v. State, 801 So. 2d 1000, 1000 (Fla. 2d DCA 2001) (“We conclude that the trial court should have treated this motion as a postconviction relief motion ․ and addressed all three grounds presented.”).

Affirmed and remanded for further proceedings.

MILLER, J.

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