Lebron v. State

Gregory Lebrón (defendant) appeals the order entered by the trial court denying his motion seeking postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Concluding that grounds 5, 7, 20, and 21 were summarily denied in error and that ground 16 was not ruled upon while the trial court had jurisdiction, we reverse as to these grounds. In all other respects, we affirm.

The standard of review of a summary denial of a rule 3.850 motion is de novo. See McLin v. State, 827 So.2d 948, 954 (Fla.2002) (“To uphold the trial court’s summary denial of claims raised in a 3.850…