Clinton Dinnall, Appellant, v. State of Florida, Appellee.

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Clinton Dinnall, Appellant, v. State of Florida, Appellee.

No. 4D16–0051

Decided: February 22, 2017

Clinton Dinnall, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

Clinton Dinnall appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to all grounds except his sixth, wherein Dinnall argues that trial counsel failed to request a competency evaluation pursuant to Florida Rule of Criminal Procedure 3.210(b).

The trial court summarily denied that ground based on the state's response. However, that response did not address ground six nor was the claim considered at the evidentiary hearing after which the trial court resolved other issues.

Accordingly, we reverse the summary denial of ground six and remand for attachment of portions of the record conclusively refuting that claim or for an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.”).

Affirmed in part, reversed in part, and remanded.

PER CURIAM.

Gross, Levine and Conner, JJ., concur.

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