Florida District Courts of Appeal, 2015

Mitchell v. State

Mitchell v. State
Florida District Courts of Appeal · Decided May 22, 2015 · Kelly, Altenbernd, Khouzam
164 So. 3d 744; 2015 Fla. App. LEXIS 7726; 2015 WL 2431775 (Southern Reporter, Third Series)

Mitchell v. State

Opinion

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. See Fla. 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.

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