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Hagan v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jun 5, 2020
298 So. 3d 1242 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-2659

06-05-2020

Jeremy Ryan HAGAN, Appellant, v. STATE of Florida, Appellee.

Jeremy R. Hagan, Crawfordville, pro se. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.


Jeremy R. Hagan, Crawfordville, pro se.

Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Jeremy Ryan Hagan appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to all grounds except Ground One. As to that ground, we reverse the summary denial and remand for attachment of portions of the record refuting that claim or for an evidentiary hearing. See Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) ("[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.").

AFFIRMED in part, REVERSED in part, and REMANDED.

ORFINGER, HARRIS and GROSSHANS, JJ., concur.


Summaries of

Hagan v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jun 5, 2020
298 So. 3d 1242 (Fla. Dist. Ct. App. 2020)
Case details for

Hagan v. State

Case Details

Full title:JEREMY RYAN HAGAN, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jun 5, 2020

Citations

298 So. 3d 1242 (Fla. Dist. Ct. App. 2020)