Jamie Brunk 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 JAMIE BRUNK, Appellant, v. Case No. 5D15-145 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 18, 2015 3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Jamie Brunk, Ocala, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris and Andrea K. Totten, Assistant Attorney Generals, Daytona Beach, for Appellee. PER CURIAM. Jamie Brunk appeals the summary denial of her motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, alleging three claims of ineffective assistance of counsel. As to Ground One, we affirm. We reverse as to Grounds Two and Three because the trial court failed to attach records that conclusively refute these two claims. Accordingly, we reverse that part of the order under review summarily denying Grounds Two and Three and remand this case to the trial court to either attach the necessary records that conclusively refute those claims or hold an evidentiary hearing. AFFIRMED in part; REVERSED in part; REMANDED. SAWAYA, COHEN and EDWARDS, JJ., concur. 2

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