James Elysee v. State

Annotate this Case

Download PDF

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 JAMES ELYSEE, Appellant, v. Case No. 5D14-1940 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 19, 2014 3.850 Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge. James Elysee, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. James Elysee appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of Grounds Two, Three, and Five without further discussion. However, because the allegations contained within Grounds One and Four are not conclusively refuted by the record, we reverse the summary denial of those grounds and remand for attachment of record excerpts conclusively refuting those claims or for an evidentiary hearing. See Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) ("[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient."). AFFIRMED in part, REVERSED in part, and REMANDED. ORFINGER, BERGER and LAMBERT, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.