Euriell Laidler v. State of Florida , 241 So. 3d 919 ( 2018 )


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  •           FIRST DISTRICT COURT OF APPEAL
    STATE OF FLORIDA
    _____________________________
    No. 1D17-2372
    _____________________________
    EURIELL LAIDLER,
    Appellant,
    v.
    STATE OF FLORIDA,
    Appellee.
    _____________________________
    On appeal from the Circuit Court for Leon County.
    Martin A. Fitzpatrick, Judge.
    February 20, 2018
    PER CURIAM.
    The appellant challenges the denial of his postconviction
    motion brought pursuant to Florida Rule of Criminal Procedure
    3.850, which argued that his attorney provided ineffective
    assistance by failing to file a motion to suppress the victims’ out-
    of-court and in-court identifications. The trial court summarily
    denied the motion, concluding that the appellant had not shown a
    deficient performance by counsel or any resulting prejudice.
    However, the court did not attach to the order records that
    conclusively refute the appellant’s claim. See Fla. R. Crim. P.
    3.850(f)(4) (“A copy of the portion of the files and records in the
    case that conclusively shows that the defendant is not entitled to
    relief as to one or more claims shall be attached to the order
    summarily denying these claims.”).
    In response to this Court’s order, the state concedes that the
    trial court’s order is insufficient to support the summary denial of
    the appellant’s motion due to the court’s failure to attach
    documents. We, therefore, reverse and remand for the
    attachment of records that conclusively refute the appellant’s
    claim or for an evidentiary hearing. See Ortiz v. State, 
    968 So. 2d 681
    , 684 (Fla. 1st DCA 2007).
    REVERSED and REMANDED for further proceedings consistent
    with this opinion.
    ROBERTS, ROWE, and WINOKUR, JJ., concur.
    _____________________________
    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
    _____________________________
    Euriell Laidler, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and Thomas H. Duffy,
    Assistant Attorney General, Tallahassee, for Appellee.
    2
    

Document Info

Docket Number: 17-2372

Citation Numbers: 241 So. 3d 919

Filed Date: 2/20/2018

Precedential Status: Precedential

Modified Date: 2/20/2018