History
  • No items yet
midpage
BRANDON OWENS v. THE STATE OF FLORIDA
22-0003
| Fla. Dist. Ct. App. | Apr 20, 2022
|
Check Treatment

*1 Before LOGUE, MILLER, and LOBREE, JJ.

PER CURIAM.

Appellant, Brandon Owens, appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion alleged seven grounds of ineffective assistance of counsel. We find no error in the denial of claims one, two, three, four, five, and seven. We conclude, however, that because claim six, alleging that defense counsel provided ineffective assistance by failing to object to appellant’s absence at the sentencing hearing, is not conclusively refuted by the record, it merits remand. Upon remand, the trial court shall conduct an evidentiary hearing or, in the alternative, append record evidence conclusively establishing appellant’s absence was either voluntary or did not result in prejudice. See Fla. R. Crim. P. 3.180(c)(2); Capuzzo v. State, 596 So. 2d 438, 440 (Fla. 1992); Reynolds v. State, 313 So. 3d 129, 133 (Fla.

4th DCA 2021); Strickland v. Washington, 466 U.S. 668, 697 (1984). Affirmed in part, reversed in part, and remanded.

2

Case Details

Case Name: BRANDON OWENS v. THE STATE OF FLORIDA
Court Name: District Court of Appeal of Florida
Date Published: Apr 20, 2022
Docket Number: 22-0003
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.