Middleton v. State

DAVIS, Judge.

Craig Middleton, Jr., pro se, challenges the postconviction court’s order summarily denying his Florida Rule of Criminal Procedure 8.850 motion. Because the record documents that the postconviction court attached to its order do not conclusively refute Middleton’s claims, we reverse and remand for further proceedings.

On July 16, 2008, Middleton was convicted by a jury of aggravated assault, and the trial court sentenced him to twenty years’ imprisonment with a twenty-year minimum mandatory pursuant to the 10-20-Life statute. 1 He failed to file a timely notice of appeal, and his…