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214 So. 3d 714

Gaffney v. State

District Court of Appeal of Florida

Decided February 24, 2017

District Court of Appeal of Florida · decided 2017-02-24

Relies on 761 So. 2d 1055 - Freeman v. State · 684 So. 2d 726 - Maharaj v. State

Decided 2017-02-24

PER CURIAM.

¶1Gregory Gaffney appeals the order of the trial court denying Grounds One through Nine of his Florida Rule of Criminal Procedure 3.860 motion for postconviction relief. We affirm as to Grounds Two through Nine. However, because the record attachments do not conclusively refute Gaffney’s claim that his trial counsel was ineffective for threatening or coercing him into deciding not to testify at trial, we reverse the summary denial of Ground One and remand for attachment of portions of the. record conclusively refuting this claim or for an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So.2d 726 (Fla. 1996))).

¶2AFFIRMED in part, REVERSED in part, and REMANDED.

SAWAYA, BERGER and LAMBERT, JJ., concur.
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