final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Duval County. Russell
Michael Dunn, pro se, Appellant.
Moody, Attorney General, Holly N. Simcox, Assistant Attorney
General, Tallahassee, for Appellee.
Dunn appeals an order summarily denying his motion for
postconviction relief. Because Dunn's claims were
conclusively refuted by the record or legally insufficient,
November 2012, Dunn was involved in a shooting that took
place in the parking lot of a convenience store. Dunn was
sitting in his car and complaining about loud music coming
from a nearby car occupied by four men. After exchanging
words with one of the passengers in the backseat of the other
car, Dunn fired ten shots at the car. Nine shots struck the
car-the last three hit the rear door on the passenger side.
Dunn fired the first shots from his car but fired the last
three shots after he had gotten out of his car. Dunn was
standing in a shooting stance and fired the gun as the other
car drove away. A passenger in the back seat of the car was
struck by one of the bullets and died.
was convicted of first-degree murder while discharging a
firearm (count one), three counts of attempted second-degree
murder while discharging a firearm (counts two-four), and one
count of shooting or throwing deadly missiles (count five).
The court sentenced Dunn to a mandatory term of life
imprisonment on count one; to consecutive terms of thirty
years' imprisonment with consecutive twenty-year
mandatory-minimum terms on counts two, three, and four; and
to fifteen years' imprisonment on count five. His
convictions and sentences were affirmed on direct appeal.
Dunn v. State, 206 So.3d 802 (Fla. 1st DCA 2016).
timely moved for postconviction relief, raising eleven claims
for relief. The trial court summarily denied the motion,
rejecting all eleven claims. This timely appeal follows.
review an order summarily denying a postconviction motion de
novo. Corbett v. State, 267 So.3d 1051, 1055 (Fla.
1st DCA 2019). To prevail on a claim of ineffective
assistance of counsel, the appellant must show that
counsel's performance was outside the wide range of
reasonable professional assistance, and that such conduct in
fact prejudiced the outcome of the proceedings because
without the conduct, there is a reasonable probability that
the outcome would have been different. Strickland v.
Washington, 466 U.S. 668, 687-88, 691-92 (1984);
Spencer v. State, 842 So.2d 52 (Fla. 2003).
alleges that the trial court provided incorrect answers to
two jury questions: (1) whether the jury could render a
verdict on counts two through five if it was deadlocked on a
verdict for count one; and (2) whether self-defense applies
to "person B, C, and D" if it applies to
"person A." But claims of trial court error are not
cognizable in a motion for postconviction relief. Johnson
v. State, 985 So.2d 1215, 1215 (Fla. 1st DCA 2008).
Those claims must be raised on ...