Whatley v. State

VILLANTI, Judge.

Brian Whatley appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial of grounds one, four, five, and six without further comment. However, we reverse the summary denial of grounds two and three and remand for an eviden-tiary hearing on these two claims.

Whatley was originally charged with one count of capital sexual battery, one count of lewd and lascivious molestation on a child under age twelve, and one count of lewd and lascivious conduct by a person over the age of eighteen.…