Patrick Chambers, Malone, pro se. Ashley Moody, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County. J. Kevin Abdoney, Judge. Lower Tribunal No. CF16-005874-XX
Patrick Chambers, Malone, pro se.
Ashley Moody, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.
Patrick Chambers appeals the summary denial of his seven-ground motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.Our review is de novo, and we must accept Chambers' factual allegations as true to the extent the record does not refute them. See Occhicone v. State, 768 So.2d 1037, 1041 (Fla. 2000); Martin v. State, 205 So.3d 811, 812 (Fla. 2d DCA 2016). Here, Chambers swore that his trial counsel acted ineffectively when he counseled Chambers not to testify in his own defense. Chambers contends that he would have testified he was in a different city when the subject crimes took place. Because the record does not refute this sworn contention, we remand for an evidentiary hearing on ground six. See Fla. R. App. P. 9.141(b)(2)(D); Simon v. State, 47 So.3d 883, 885-86 (Fla. 3d DCA 2010). We affirm in all other respects.
This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.
AFFIRMED in part; REVERSED in part; and REMANDED.
STARGEL, TRAVER and MIZE, JJ., concur.