IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JAMALL MITCHELL,
Appellant,
v. Case No. 5D16-2151
STATE OF FLORIDA,
Appellee.
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Opinion filed December 16, 2016
3.850 Appeal from the Circuit
Court for Orange County,
Mark S. Blechman, Judge.
Carlos A. Ivanor, Jr., of The Ivanor Law
Firm, Orlando, for Appellant.
No Appearance for Appellee.
PER CURIAM.
Appellant, Jamall Mitchell, appeals the summary denial of his motion for
postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant
included eight specific claims in his motion. All of those claims are conclusively refuted
by the record except for the following: 1) failure to call an alibi witness; 2) misadvice about
the right to testify; and 3) newly discovered evidence in the form of a witness’s recanted
testimony. As to these three claims, we reverse that part of the order under review
summarily denying them and remand for attachment of the portions of the record that
conclusively refute those claims or for an evidentiary hearing.
AFFIRMED in part; REVERSED in part; REMANDED.
SAWAYA, EVANDER and EDWARDS, JJ., concur.
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