NOAH BALDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Baldón appeals from an order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.
Baldon’s motion below essentially alleged that the overall sentences imposed by the trial court exceeded the amount agreed to in his negotiated pleas, and that the trial court did not afford him the opportunity to withdraw his pleas. Because the portions of the record attached to the trial court’s order of denial, which do not include the written judgments and sentences imposed, are not in themselves sufficient to conclusively refute this claim, we reverse the order denying appellant’s motion for post-conviction relief. On remand, the trial court may either attach the portions of the record conclusively refuting Baldon’s claim, grant an evidentiary hearing thereon, or conduct such further proceedings as are warranted.
REVERSED and REMANDED.
WOLF, WEBSTER and MICKLE, JJ., concur.
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Kendall v. State, 664 So. 2d 352 (Fla. 5th DCA 1995)…withdraw his plea when the sentence did not conform to the plea agreement. We remand to afford the trial court an opportunity to attach a copy of the plea hearing transcript conclusively refuting or supporting Kendall’s claim. See Baldon v. State, 648 So. 2d 796 (Fla. 1st DCA 1994) (reversing order denying rule 3.850 motion to allow trial court to attach portions of record conclusively refuting appellant’s claim that sentence exceeded plea bargain). With regard to Kendall’s remaining claims, we affirm the t…