Michael Martin v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MICHAEL MARTIN, Appellant, v. Case No. 5D14-1628 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 21, 2014 3.850 Appeal from the Circuit Court for Osceola County, Mark S. Blechman, Judge. F. Wesley Blankner, Jr., of Jaeger & Blankner, Orlando, for Appellant. No Appearance for Appellee. PER CURIAM. We affirm the denial of Appellant’s motion for postconviction relief, except as it relates to the severance claim raised in paragraph eight of the motion, which was not addressed by the trial court. We remand for the trial court to either attach portions of the record that refute those allegations, or set an evidentiary hearing. AFFIRMED IN PART; REVERSED IN PART; and REMANDED. SAWAYA, COHEN and WALLIS, JJ., concur.

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