Schultheis v. State

When the postconviction court denied appellant Todd Schultheis’s motion for postconviction relief, the court concluded the record of Schultheis’s trial refuted some claims, but the court did not attach any record excerpts supporting the denial of relief. With respect to the second, fifth, seventh, ninth, and tenth claims in appellant’s motion alleging ineffective assistance of counsel, this omission requires reversal. See Gay v. State, 995 So.2d 541, 542 (Fla. 2d DCA 2008); Miller v. State, 905 So.2d 981, 982 (Fla. 3d DCA 2005). We remand the order denying relief as to these claims and direct…