WILLY FILS MESIDOR vs STATE OF FLORIDA

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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 WILLY FILS MESIDOR, Appellant, v. Case No. 5D19-1867 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 7, 2020 3.850 Appeal from the Circuit Court for Orange County, Denise Beamer, Judge. Willy Fils Mesidor, Lake City, pro se. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Willy Fils Mesidor appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The records attached do not conclusively refute Mesidor’s third claim for relief, which alleges that his trial counsel was ineffective for failing to secure Giovannie Avril’s testimony through subpoena. Therefore, we reverse and remand for the trial court to either provide attachments that conclusively refute this claim, or hold an evidentiary hearing. See, e.g., Rivera v. State, 264 So. 3d 398, 399–400 (Fla. 5th DCA 2019) (citing Reynolds v. State, 227 So. 3d 220, 221 (Fla. 5th DCA 2017)). We affirm the summary denial of all other claims. AFFIRMED in part; REVERSED in part; and REMANDED. ORFINGER, EDWARDS and SASSO, JJ., concur. 2

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