TROY EDWARD STYRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the order by which the trial court summarily denied his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. One of the appellant’s claims was that he would not have pled to the offenses but for his trial attorney’s promise that his convictions would be reversed on appeal. He further alleged that, notwithstanding his trial attorney’s promise, his convictions were affirmed on appeal. Because this was a facially sufficient claim that was not refuted by the attachments to the order, we reverse the order to the extent that it reflects a denial of this claim, and we remand the case to the trial court. The trial court should either attach that portion of the files and records in the case that conclusively shows that the appellant is entitled to no relief on the claim or conduct an evidentiary hearing on the claim. The order is otherwise affirmed.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
MINER, ALLEN and LAWRENCE, JJ., concur.
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Styron v. State, 729 So. 2d 492 (Fla. 1st DCA 1999)…the denial of his motion for post-conviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Competent and substantial evidence was adduced at the eviden-tiary hearing held upon remand from this court, see Styron v. State, 693 So. 2d 1144 (Fla. 1st DCA 1997), to support the trial court’s finding that trial counsel did not guarantee that an armed robbery conviction would be overturned on appeal. Furthermore, given this court’s decision in Jackson v. State, 662 So. 2d 1369 (Fla. 1st DC…
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Smith v. State, 69 So. 3d 1034 (Fla. 5th DCA 2011)…claim). On remand, the trial court should either attach the portion of the record that conclusively refutes Smith’s claim or conduct an eviden-tiary hearing on the matter. See White v. State, 19 So. 3d 444, 445 (Fla. 5th DCA 2009); Styron v. State, 693 So. 2d 1144, 1144-45 (Fla. 1st DCA 1997). We affirm the order in all other respects. AFFIRMED in Part; REVERSED in Part; and REMANDED. EVANDER, COHEN and JACOBUS, JJ., concur.…
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Tooley v. State, 727 So. 2d 1011 (Fla. 5th DCA 1999)…of ineffective assistance was facially sufficient where defendant alleged that his trial counsel erroneously assured defendant he could not be sentenced as an habitual felony offender in the absence of sequential prior convictions); Styron v. State, 693 So. 2d 1144 (Fla. 1st DCA 1997) (holding that claim that defendant entered plea based on trial counsel’s misadvice that defendant’s convictions would be overturned on appeal if he entered a plea was facially sufficient). Accordingly, we reverse the order summ…