Opinion
Case No. 5D16–2151
12-16-2016
Jamall MITCHELL, Appellant, v. STATE of Florida, Appellee.
Carlos A. Ivanor, Jr., of The Ivanor Law Firm, Orlando, for Appellant. No Appearance for Appellee.
Carlos A. Ivanor, Jr., of The Ivanor Law Firm, Orlando, for Appellant.
No Appearance for Appellee.
PER CURIAM.
Appellant, Jamall Mitchell, appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant included eight specific claims in his motion. All of those claims are conclusively refuted by the record except for the following: 1) failure to call an alibi witness; 2) misadvice about the right to testify; and 3) newly discovered evidence in the form of a witness's recanted testimony. As to these three claims, we reverse that part of the order under review summarily denying them and remand for attachment of the portions of the record that conclusively refute those claims or for an evidentiary hearing.
AFFIRMED in part; REVERSED in part; REMANDED.
SAWAYA, EVANDER and EDWARDS, JJ., concur.