LABISSIERE v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Holvens LABISSIERE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-654

Decided: November 12, 2021

RoseMarie Feller, of Feller Law, P.A., Lake Mary, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

Holvens Labissiere appeals the trial court's summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We agree with Labissiere that he should have been afforded a hearing on claims one ¹ and two of his motion, and we reverse the summary denial as to these claims. We affirm in all other respects.

REVERSED in part; AFFIRMED in part; REMANDED.

FOOTNOTES

1. We note that the allegations contained in claim one, if established, raise serious ethical concerns regarding Labissiere's trial counsel. While the reviewing court is not in a position to make factual findings, should the trial court, following an evidentiary hearing, determine that Labissiere's allegations are substantiated, it should consider the appropriate action to take regarding trial counsel, including referring the matter to the Florida Bar.

PER CURIAM.

EVANDER, HARRIS and WOZNIAK, JJ., concur.

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