JOHN D. SMITH, JR. v. State of Florida

Appellant, John D. Smith, Jr., appeals the trial court’s denial of his motion for post-conviction relief alleging ineffective assistance of trial counsel during a trial in 2009, where he was convicted of three counts of burglary. We reverse and remand on Appellant’s fifth claim, because the post-conviction order and attached records do not address or conclusively refute Appellant’s claim. We otherwise affirm the post-conviction order denying Appellant’s remaining claims without comment.

Discussion

In his fifth claim for post-conviction relief, Appellant asserted that trial counsel was…