RANDALL MCCONNELL 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 RANDALL MCCONNELL, Appellant, v. Case No. 5D20-1729 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 1, 2021 3.850 Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Jr., Judge. Randall McConnell, Monticello, pro se. Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Randall McConnell appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, which raised more than a dozen distinct bases for relief. We affirm as to all but one ground raised, and reverse for the postconviction court to either attach copies of documents conclusively refuting the claim raised in Ground One b. 1 or to conduct an evidentiary hearing with regard to that ground. See Freeman v. State, 761 So. 2d 1055, 1065 n.9 (Fla. 2000); Davidson v. State, 278 So. 3d 741, 743 – 44 (Fla. 5th DCA 2019). AFFIRMED IN PART; REVERSED IN PART. EVANDER, C.J., EDWARDS, and NARDELLA, JJ., concur. 1 The postconviction court separately renumbered each of the multiple claims set forth originally as Ground One; both Appellant and this Court have adopted that numbering system. 2

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