Williams v. State

Full title: Christian WILLIAMS, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Jan 16, 2015

154 So. 3d 1212 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D13–3377.

2015-01-16

Christian WILLIAMS, Appellant, v. STATE of Florida, Appellee.

3.850 Appeal from the Circuit Court for Orange County, Michael Murphy, Judge. Christian B. Williams, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

3.850 Appeal from the Circuit Court for Orange County, Michael Murphy, Judge.
Christian B. Williams, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

In this postconviction case, we affirm in all respects, except the summary disposition on claim H, which relates to the affidavit of Deltinard Tousaint. The trial court erroneously determined that the facially sufficient affidavit should be disregarded because it probably would not be believed. Under the circumstances here, an evidentiary hearing is required. See Simpson v. State, 100 So.3d 1258 (Fla. 4th DCA 2012).

AFFIRMED IN PART; REVERSED IN PART AND REMANDED. TORPY, C.J., SAWAYA and COHEN, JJ., concur.