Heriberto Feliciano 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 HERIBERTO FELICIANO, Appellant, v. Case No. 5D17-1388 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 1, 2017 3.850 Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge. Heriberto Feliciano, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Heriberto Feliciano (“Defendant”) appeals an order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to all issues except for claim three. In this claim, Defendant alleges that his counsel was ineffective for failing to advise him properly regarding his right to testify. As to claim three, we reverse and remand for the trial court to hold an evidentiary hearing or to attach records conclusively refuting Defendant’s allegation. AFFIRMED in part, REVERSED in part, and REMANDED. SAWAYA, TORPY and EVANDER, JJ., concur. 2

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