HILL v. STATE (2022)

Stephen Allen Hill appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm in part and reverse in part.

Hill was charged and convicted of aggravated battery of a law enforcement officer, aggravated assault of a law enforcement officer, resisting a law enforcement officer with violence, and driving while license suspended or revoked. Those convictions were affirmed on appeal. Hill v. State, 291 So. 3d 958 (Fla. 5th DCA 2020). Thereafter, Hill timely filed his rule 3.850 motion alleging six grounds for relief. That motion was summarily denied, and this appeal followed.¹

We affirm without discussion the denial of all grounds raised in Hill's 3.850 motion except one. In his final ground, Hill alleged that his trial counsel was ineffective in failing to object to the jury instruction on the use of nondeadly force, or alternatively for failing to request a jury instruction on the use of deadly force. The postconviction court's order did not address this ground, and the attached records do not refute the allegations. Accordingly, we reverse and remand for the postconviction court to either attach records that conclusively refute that ground or, if such records are not available, to hold an evidentiary hearing. See Hird v. State, 204 So. 3d 483, 485 (Fla. 5th DCA 2016).

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

FOOTNOTES

1.   Hill did not file a brief.

PER CURIAM.

COHEN, HARRIS and NARDELLA, JJ., concur.