Mallard v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 WALTER C. MALLARD, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-843 [October 7, 2009] PER CURIAM. The defendant appeals the summary denial of his motion for postconviction relief, which alleged several grounds. We agree with the defendant that he alleged a legally sufficient ground for post-conviction relief by contending that his trial counsel should not have coerced him into waiving his right to a speedy trial after the speedy trial time had elapsed. See Hamilton v. State, 979 So. 2d 420 (Fla. 2008). While this may have been a strategic decision, that is not obviously the case from the current record. We thus reverse as to this ground and remand for the trial court to either conduct a n evidentiary hearing or provide attachments conclusively refuting the claim. We find that the other grounds alleged in the motion for post-conviction relief were properly denied as legally inadequate or conclusively refuted by the record. Affirmed in part, reversed in part, and remanded. GROSS, C.J., STEVENSON and CIKLIN, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jeffrey J. Colbath, Judge; L.T. Case No. 2006CF005696AXX. Walter C. Mallard, Belle Glade, pro se. No brief filed for appellee. Not final until disposition of timely filed motion for rehearing.
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