Florida District Courts of Appeal, 2016

Larry Madison v. State

Larry Madison v. State
Florida District Courts of Appeal · Decided June 3, 2016 · Palmer, Berger, Lambert
200 So. 3d 148; 2016 WL 3125642; 2016 Fla. App. LEXIS 8461 (Southern Reporter, Third Series)

Larry Madison v. State

Opinion

PER CURIAM.

Larry Madison appeals the summary denial of his second amended motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds One, Two, and Three. 1 However, because the record does not conclusively refute Madison’s claim that counsel was ineffective for failing to file a motion to suppress, we reverse the summary denial of Ground Four and remand for attachment of portions of the record conclusively refuting that claim or *149 for an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentia-ry 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.” (citations omitted)).

AFFIRMED IN PART, REVERSED IN PART, and REMANDED.

PALMER, BERGER and LAMBERT, JJ., concur.
1

. Madison raised six claims in his motion, three of which appear to overlap. The trial court addressed each, but identified only four in the order denying the motion. This opinion addresses the claims as numbered in the trial court’s order.

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