Legal Opinion

Davenport v. State

District Court of Appeal of Florida

Decided October 30, 2003No. 1D03-1612Published

1Per curiam

The appellant challenges the trial court’s order summarily denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court failed to attach portions of the record to refute the appellant’s claim that his counsel was ineffective for failing to object to the prosecutor’s closing argument, we reverse. We affirm all other issues raised without further discussion.

The appellant was convicted of robbery with a firearm and was sentenced to 30 years’ imprisonment. In a motion for postconviction relief, the appellant made a facially sufficient claim…

2Cases cited3 opinions

  1. Davis v. StateDistrict Court of Appeal of Florida · 1995
  2. Martin v. StateDistrict Court of Appeal of Florida · 1986
  3. Ricardo v. StateDistrict Court of Appeal of Florida · 2000

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