From Casetext: Smarter Legal Research

Kafus v. State

District Court of Appeal of Florida, Second District
Jul 26, 2006
933 So. 2d 1267 (Fla. Dist. Ct. App. 2006)

Summary

affirming the denial of the addressed claims, but reversing for the trial court to rule on the claims not addressed

Summary of this case from Joseph v. State

Opinion

No. 2D06-1425.

July 26, 2006.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Lee County; Lynn Gerald, Jr., Judge.


Jason D. Kafus appeals the postconviction court's summary denial of his pro se motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his rule 3.850 motion, Kafus raised ten claims of ineffective assistance of counsel. The postconviction court ordered the State to respond to the motion. In its response, the State identified and addressed claims one and two and attached supporting documents from the record. However, the State did not address claims three through ten. The postconviction court then denied the motion for postconviction relief, specifically referring to claims one and two and adopting the arguments contained in the State's response.

We affirm the denial of claims one and two without further comment. However, because the postconviction court did not rule on claims three through ten, we reverse and remand for consideration of those claims. On remand, if the postconviction court summarily denies relief, it must set forth its reasoning and attach those portions of the record that conclusively refute the claims. See Wilford v. State, 832 So.2d 924, 926 (Fla. 2d DCA 2002).

Affirmed in part, reversed in part, and remanded.

CASANUEVA and WALLACE, JJ., Concur.


Summaries of

Kafus v. State

District Court of Appeal of Florida, Second District
Jul 26, 2006
933 So. 2d 1267 (Fla. Dist. Ct. App. 2006)

affirming the denial of the addressed claims, but reversing for the trial court to rule on the claims not addressed

Summary of this case from Joseph v. State
Case details for

Kafus v. State

Case Details

Full title:Jason D. KAFUS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 26, 2006

Citations

933 So. 2d 1267 (Fla. Dist. Ct. App. 2006)

Citing Cases

Murphy v. State

Accordingly, we reverse and remand to allow the postconviction court to consider the claim. See Kafus v.…

Mercado v. State

Nevertheless, we remand this case to allow the postconviction court to address the remaining issues raised in…