Public-domain · open source
OpenJurist

204 So. 3d 156

Don E. Cioeta v. State

District Court of Appeal of Florida

Decided November 18, 2016

District Court of Appeal of Florida · decided 2016-11-18

Cited by 1 later decisions — most recently August 2018

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2016-11-18

View the full empirical analysis of this case →

PER CURIAM.

¶1 Appellant, Don Cioeta, seeks review of the order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to all claims except claims two and seven. In claim two, Cioeta contends that his trial counsel was ineffective for failing to file a motion to suppress Cioeta’s statements to the police. In claim seven, Cioeta argues that his trial counsel was ineffective for failing to impeach a witness with prior inconsistent statements. Because these two claims are not refuted by the record, it was error for the trial court to summarily deny them. Therefore, we reverse that part of the order under review denying these two claims and remand for an evidentiary hearing or attachment of portions of the record that conclusively refute the claims.

¶2*157 AFFIRMED in part; REVERSED in part; REMANDED.

LAWSON, C.J., SAWAYA and WALLIS, JJ., concur.
/204/so3d/156 · .json · Public domain