Harrell v. State

Curtis James Harrell appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We agree with the trial court that the majority of Harrell’s claims are conclusively refuted by the record. However, as a portion of Harrell’s second claim was not refuted by the record, we reverse as to that issue only.

In 2008, following a jury trial, Harrell was found guilty of two counts of sexual battery with a deadly weapon or physical force, one count of burglary of a dwelling with an assault or battery, and one count of false imprisonment…