Marvin Williams 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 MARVIN WILLIAMS, Appellant, v. Case No. 5D17-15 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 9, 2017 3.850 Appeal from the Circuit Court for Lake County, William G. Law, Jr, Judge. Tania Williams, of The Williams Firm, P.A., West Palm Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Marvin Williams (“Appellant”) appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 Motion for Postconviction Relief. Appellant raises three issues upon appeal, alleging ineffective assistance of counsel for failure to: 1) file a motion in limine to exclude improper comments on Appellant’s right to remain silent; 2) exclude identification of the firearm; and 3) suppress the firearm that Appellant alleges was unlawfully seized. As to the last two issues, we affirm without further discussion. As to the first issue, we reverse and remand for the trial court to hold an evidentiary hearing or to make more appropriate record attachments refuting the claim. AFFIRMED in part; REVERSED in part; REMANDED. COHEN, C.J., and SAWAYA and EVANDER, JJ., concur. 2

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