Mitchell v. State

Full title: BETTY MITCHELL, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: May 22, 2015

164 So. 3d 744 (Fla. Dist. Ct. App. 2015)

Opinion

No. 2D13–5871.

2015-05-22

Betty MITCHELL, Appellant, v. STATE of Florida, Appellee.

Gary J. Schwartz of Brownstone, P.A., Winter Park, for Appellant. Pamela Jo Bondi , Attorney General, Tallahassee, and Johnny T. Salgado , Assistant Attorney General, Tampa, for Appellee.

KELLY

Appeal from the Circuit Court for Polk County; Robert E. Beach, Senior Judge.
Gary J. Schwartz of Brownstone, P.A., Winter Park, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.
KELLY, Judge.

Betty Mitchell challenges the final order denying her motion for postconviction relief alleging multiple claims of ineffective assistance of counsel. She correctly argues that the postconviction court failed to make factual findings, either orally at the evidentiary hearing or in its written order, to support the denial of her claims. Accordingly, we reverse the final order and remand so that the court can make further findings of fact and conclusions of law as to the issues raised at the evidentiary hearing. SeeFla. R. Crim. P. 3.850(f)(8)(A); Strianese v. State, 880 So.2d 759 (Fla. 2d DCA 2004); Hunter v. State, 87 So.3d 1273 (Fla. 1st DCA 2012).

Reversed and remanded with directions.

ALTENBERND and KHOUZAM, JJ., Concur.