Spires v. State

WALLACE, Judge.

Demetrius D. Spires challenges the postconviction court’s order that summarily denied his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm the order in all respects except on claim one of Spires’ motion. Because claim one presents a facially sufficient claim that is not refuted by the record attachments, we reverse the order as it relates to that claim.

In claim one of his motion, Spires alleged that his counsel failed to investigate, depose, and call Tony Sorey as a witness. According to Spires, Gloria Bryant was the State’s key…