BENJAMIN FEAST
v.
STATE OF FLORIDA

Fla. 4th DCA | 2023-03-15
No. 2022-1977
Florida District Court of Appeal, Fourth District (2023)

Per_curiam
Per Curiam

PER CURIAM.

Benjamin Feast seeks review of the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We issued an order directing the State to show cause why the order should not be reversed for failure to attach records conclusively refuting Feast’s claims. In its response, the State conceded that a remand is required. We agree and reverse.

The order denying the appellant’s motion for postconviction relief is reversed and the case is remanded for attachment of records conclusively showing that the motion was impermissibly successive, if such records exist. See Feher v. State, 10 So. 3d 1204 (Fla. 4th DCA 2009).

Reversed and remanded.

GROSS, KUNTZ and ARTAU, JJ., concur.


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