Earl L. Sutton, Jr. v. State

Appellant challenges the summary denial of his Florida Rule of Criminal Procedure 3.850 motion alleging ineffective assistance of counsel. We affirm the order as to grounds two, three, five and six without further discussion. We reverse as to grounds one and four because the portion of the records attached fails to conclusively negate the alleged ineffectiveness of trial counsel.

As to ground one, the trial court denied Appellant’s claim of ineffectiveness of trial counsel for failure to object and move for mistrial concerning statements made during the State’s opening statement. The trial…