Thomas v. State

MORRIS, Judge.

Clodis Kiwan Thomas appeals the order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Without further comment, we affirm the denial of claims five, six, seven, eight, and nine, and we reject Thomas’s claim that the postconviction court committed fundamental error by taking judicial notice of the trial transcripts. However, because of the procedural irregularities in this case, including the postconviction court’s failure to consider Thomas’s unrefuted testimony before denying claims one through three after an evidentiary hearing, we must reverse…