David Lee DeBenedictis v. State of Florida

Summary

The Fifth District Court of Appeal of Florida affirmed the denial of David Lee DeBenedictis’s postconviction claims under Florida Rule of Criminal Procedure 3.850 as to grounds six and seven. It reversed and remanded as to grounds one through five, eight, and nine because the postconviction court failed to attach records conclusively refuting those claims.

Holdings

1. DeBenedictis failed to demonstrate entitlement to postconviction relief on grounds six and seven, so the denial of those claims was affirmed.
2. A summary denial of a Rule 3.850 motion cannot be upheld unless the claims are facially invalid or conclusively refuted by the record. Because the record did not conclusively show that DeBenedictis was entitled to no relief on grounds one through five, eight, and nine, the denial of those grounds was reversed and the case remanded for further proceedings.

Questions Presented

1. Whether the summary denial of grounds six and seven of DeBenedictis's Rule 3.850 motion should be affirmed.
2. Whether the postconviction court could summarily deny grounds one through five, eight, and nine without attaching portions of the record conclusively refuting those claims.

Disposition

reversed_and_remanded