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Corey Thomas v. State
Citation: Not availableDocket: 5D18-185
Court: District Court of Appeal of Florida; July 2, 2018; Florida; State Appellate Court
Original Court Document: View Document
Corey Thomas appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. The appeal was reviewed by the Fifth District Court of Appeal of Florida, which reversed the denial regarding claim 3, while affirming all other claims. Claim 3 asserts ineffective assistance of counsel for advising Thomas to withdraw a motion to sever the murder charge from a firearm possession charge. The trial court had deemed the counsel's decision as a clear trial strategy based on the record. However, the appellate court disagreed, asserting that the records do not conclusively refute the claim. On remand, the trial court is instructed to conduct an evidentiary hearing on claim 3 unless other records are available that definitively address the claim. The final ruling was to affirm in part and reverse in part. Judges Sawaya, Palmer, and Torpy concurred with the decision.