Stephen Elliot Drakus v. State of Florida

Appellant challenges the circuit court’s summary denial of his postconviction mo tion filed pursuant to Florida Rule of Criminal Procedural 3.850. Appellant raised 7 grounds in his motion. We find that the court erred in summarily denying ground 1 because it was not conclusively refuted by the record; however, we also find that claim was legally insufficient. Thus, we reverse and remand for the circuit court to allow appellant the opportunity to amend ground 1. We affirm the denial of the remaining claims.

“We review the summary denial of claims for postconviction relief to determine whether…