Florida District Courts of Appeal, 2016

Joshua F. Roe v. State

Joshua F. Roe v. State
Florida District Courts of Appeal · Decided July 29, 2016 · Lawson, Orfinger, Per Curiam, Torpy
207 So. 3d 256; 2016 Fla. App. LEXIS 11517 (Southern Reporter, Third Series)

Joshua F. Roe v. State

Opinion

PER CURIAM.

Joshua F. Roe appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Roe’s motion alleged twenty-three claims of ineffective assistance of trial counsel and one claim of cumulative error. The trial court granted an evidentiary hearing on Roe’s claim sixteen and summarily denied the remaining claims. This appeal followed.

We affirm the trial court’s order except as to claims six, eight, and nine. As to claim six and the portion of claim nine asserting that Donna and Alan Hardimon would have given evidence helpful to the defense’s theory, we conclude that such claims were facially insufficient and should have been stricken with leave to amend within the time frame provided by rule 3.850(b)(1). See Spera v. State, 971 So.2d 754 (Fla. 2007). With respect to claim eight, we remand for the trial court to either attach records conclusively refuting Roe’s claim, or, in the alternative, hold an evidentiary hearing.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

LAWSON, C.J., ORFINGER and TORPY, JJ., concur.

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