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Davis v. State

Florida Court of Appeals, Fifth District
Dec 9, 2022
No. 5D22-2317 (Fla. Dist. Ct. App. Dec. 9, 2022)

Opinion

5D22-2317

12-09-2022

DAWAYNE LEE DAVIS, JR., Appellant, v. STATE OF FLORIDA, Appellee.

Dawayne L. Davis, Jr., Jasper, pro se. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

3.850 Appeal from the Circuit Court for Sumter County LT Case No. 2017-CF-000464-A, William H. Hallman, III, Judge.

Dawayne L. Davis, Jr., Jasper, pro se.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant sought relief pursuant to Florida Rule of Criminal Procedure 3.850, asserting two claims. We affirm as to the first claim but reverse and remand as to the second claim with instructions for the postconviction court to either attach records conclusively refuting Appellant's second claim or to conduct an evidentiary hearing on that claim.

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

EVANDER, WALLIS and EDWARDS, JJ, concur


Summaries of

Davis v. State

Florida Court of Appeals, Fifth District
Dec 9, 2022
No. 5D22-2317 (Fla. Dist. Ct. App. Dec. 9, 2022)
Case details for

Davis v. State

Case Details

Full title:DAWAYNE LEE DAVIS, JR., Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Dec 9, 2022

Citations

No. 5D22-2317 (Fla. Dist. Ct. App. Dec. 9, 2022)