ALFONZO EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Alfonzo Edwards appeals the summary denial of his Rule 3.850 motion, in which he alleges that his trial counsel was ineffective. The trial court disposed of the order by explaining that there was no deficient conduct appearing in the record. However, no portions of the record conclusively refuting the assertions of Mr. Edwards are attached, as required by rule 3.850(d), Florida Rules of Criminal Procedure. The State commendably acknowledges that the order denying relief is deficient.' Accordingly, we remand the case to the trial court with directions either to attach the pertinent portions of the record to support its ruling, or to conduct an evidentiary hearing on the issues raised by the motion. See Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995).
REVERSED and REMANDED with instructions.
SAWAYA, C.J., PETERSON and MONACO, JJ., concur.
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Badger v. State, 898 So. 2d 1199 (Fla. 5th DCA 2005)…, we remand this case to the trial court with directions either to attach [*1200] the pertinent parts of the record supporting its summary denial as to this single point, or to conduct an evidentiary hearing on that lone issue. See Edwards v. State, 888 So. 2d 153 (Fla. 5th DCA 2004). REVERSED and REMANDED with instructions. PETERSON and TORPY, JJ„ concur.…
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Crall v. State, 961 So. 2d 1043 (Fla. 5th DCA 2007)…pporting its denial of relief on Mr. Crall’s claim that his trial counsel was ineffective in failing to move to suppress his confession, or to hold an evidentiary hearing. See Eastwood v. State, 895 So. 2d 1290 (Fla. 5th DCA 2005); Edwards v. State, 888 So. 2d 153 (Fla. 5th DCA 2004). REVERSED and REMANDED. PALMER, C.J. and THOMPSON J., concur.…
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Cornett v. State, 94 So. 3d 665 (Fla. 5th DCA 2012)…not refute appellant’s allegations in this regard. As a result, the matter is remanded back to the trial court to either attach further portions of the record supporting its ruling or hold an evidentiary hearing on the matter. See Edwards v. State, 888 So. 2d 153 (Fla. 5th DCA 2004). We note that if the appellant is allowed to withdraw his plea and proceed to trial, he faces the possibility of a life sentence, which is clearly harsher than the minimum sentence he is currently serving. See Guajardo v. State,…
Authorities Cited
- Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995)