CASEY HOLMES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Casey Holmes appeals an order denying his motion for postconviction relief. We affirm the court’s denial of the motion on claim 2. However, we reverse the denial on the remaining claims raised by defendant and remand for further proceedings. The state correctly concedes that these claims are facially sufficient and that the court did not attach portions of the record conclusively refuting the claims. On remand, the court may summarily deny these claims if they are conclusively refuted by the record, and attach those portions of the record to its order, or grant defendant an evidentiary hearing. Peede v. State, 748 So. 2d 253 (Fla.1999); Padilla v. State, 861 So. 2d 1278 (Fla. 3d DCA 2003); Lasprilla v. State, 857 So. 2d 1011 (Fla. 3d DCA 2003).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Peede v. State, 748 So. 2d 253 (Fla. 1999)
- Lasprilla v. State, 857 So. 2d 1011 (Fla. 3d DCA 2003)
- Jenkins v. State, 861 So. 2d 1278 (Fla. 5th DCA 2003)
- Silvio Andres Padilla v. State, 861 So. 2d 1278 (Fla. 3d DCA 2003)