FREDDIE LEE MCKIVER 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 FREDDIE LEE MCKIVER, Appellant, v. Case No. 5D20-1045 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 29, 2021 3.850 Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge. Freddie Lee McKiver, Lowell, pro se. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Freddie Lee McKiver appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the summary denial of Ground 1(c) and remand for attachment of portions of the record refuting that claim or an evidentiary hearing. See Goldman v. State, 57 So. 3d 274, 276–77 (Fla. 4th DCA 2011). We affirm in all other respects. AFFIRMED in part, REVERSED in part, and REMANDED. ORFINGER, EISNAUGLE and TRAVER, JJ., concur. 2

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