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855 So. 2d 681

Docket No. 1D03-2321.

Pitts v. State

Winston Monroe PITTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 26, 2003.

District Court of Appeal of Florida · decided 2003-09-26

Cited by 17 later decisions — most recently November 2018

17 state decisions

Relies on 818 So. 2d 544 - Taylor v. State · 744 So. 2d 1033 - Webster v. State · 540 So. 2d 921 - Marshall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-09-26

View the full empirical analysis of this case →

¶1Appellant, pro se.

¶2Charlie Crist, Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The appellant challenges the summary denial of his amended rule 3.850 motion for postconviction relief asserting six grounds for relief. We affirm the trial court's summary denial of relief on four of those grounds without discussion. However, we reverse with respect to the appellant's third and fourth stated claims that counsel rendered ineffective assistance in failing to inform him of the elements of the charged crimes and remand with directions for the trial court to either hold an evidentiary hearing or to attach portions of the record conclusively refuting the appellant's entitlement to relief. See Webster v. State, 744 So.2d 1033 (Fla. 1st DCA 1999); Marshall v. State, 540 So.2d 921, 922 (Fla. 1st DCA 1989).

¶5We certify conflict with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002) as to Appellant's constitutional challenge that Chap. 99-188, Laws of Florida violates the constitutional single subject rule.

¶6AFFIRMED IN PART; REVERSED IN PART; REMANDED.

¶7BARFIELD, WEBSTER and BROWNING, JJ. Concur.

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