Joseph Stewart v. State of Florida

The appellant appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. For the reasons discussed below, we reverse and remand the denial of grounds one and three of the motion. We otherwise affirm the order on appeal.

In 2010, following a jury trial, the appellant was convicted of DUI manslaughter, two counts of DUI with bodily injury and leaving the scene of an accident with property damage, and was sentenced to a total of 25 years’ imprisonment. He filed a postconviction motion alleging three grounds for relief. In ground one, the…