Florida District Courts of Appeal, 2017

Sherwood v. State

Sherwood v. State
Florida District Courts of Appeal · Decided January 13, 2017 · Berger, Sawaya, Wallis
208 So. 3d 327; 2017 Fla. App. LEXIS 301 (Southern Reporter, Third Series)

Sherwood v. State

Opinion of the Court

PER CURIAM.

William F. Sherwood appeals the post-conviction court’s summary denial of his Motion for Postconviction Relief under Florida Rule of Criminal Procedure 3.850. We find that Sherwood’s claim in Ground One is not conclusively refuted by the record and warrants remand for an evidentia-ry hearing. See Freeman v. State, 616 So.2d 181, 182 (Fla. 2d DCA 1993). We affirm the trial court’s denial of the remaining grounds without further discussion.

AFFIRMED in Part; REVERSED in Part; REMANDED.

SAWAYA, BERGER and WALLIS, JJ., concur.-

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