CALEB NATHANIEL RUH 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 CALEB NATHANIEL RUH, Appellant, v. Case No. 5D20-375 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 25, 2020 3.850 Appeal from the Circuit Court for Flagler County, Terence R. Perkins, Judge. Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm, without further discussion, the summary denial of grounds one, two, and four of Appellant’s Florida Rule of Criminal Procedure 3.850 amended motion for postconviction relief. We reverse the summary denial of ground three of the motion regarding Appellant’s claim that his trial counsel was ineffective for failing to call a toxicologist to testify at trial and remand for the court to hold an evidentiary hearing on this claim. Lastly, we reverse the postconviction court’s denial of ground five of Appellant’s amended motion and remand with directions that the trial court correct the scrivener’s error in Appellant’s scoresheet to show that Appellant proceeded to trial instead of tendering a guilty plea. AFFIRMED, in part; REVERSED, in part; REMANDED with directions. LAMBERT, SASSO, and TRAVER, JJ., concur. 2
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