Legal Opinion

Drinel Joseph v. State

District Court of Appeal of Florida

Decided March 17, 2017No. Case 5D16-2442PublishedCited by 3 opinions

1Per curiam

Drinel Joseph appeals the summary denial of his amended motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant raised ten grounds in his motion for post-conviction relief. We reverse as to ground five because it is not conclusively refuted by the records attached to the order of denial. We remand for the postconviction court to either attach records refuting the claims set forth in ground five or to schedule an evidentiary hearing. We affirm, without further discussion, the postconviction court’s rulings on the remaining grounds.

Appellant was…

2Cases cited1 opinion

  1. Rodriguez v. StateDistrict Court of Appeal of Florida · 2005

3Cited by3 opinions

  1. Carver Askew v. State of FloridaDistrict Court of Appeal of Florida · 2019
  2. Mark Ward v. StateDistrict Court of Appeal of Florida · 2017
  3. TOMMIE MCCLENNEY, JR. v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2022

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