CARRIE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Carrie Williams, challenges the trial court’s summary denial of her six claims of ineffective assistance of counsel brought pursuant to Florida Rule of Criminal Procedure 3.850. We find no error with the trial court’s summary denial of claims three and six. However, the record does not conclusively refute claims one, two, four, and five, a fact which the State conceded in its response to this Court’s order to show cause why relief should not be granted. Accordingly, we reverse the trial court’s summary denial of these facially sufficient claims and remand with instructions to either attach portions of the record that conclusively refute the claims or conduct an evidentiary hearing. See Peede v. State, 748 So. 2d 253, 257 (Fla. 1999) (explaining that a summary denial of a rule 3.850 claim may be upheld only if a claim is facially invalid or conclusively refuted by the record).
REVERSED and REMANDED for further proceedings.
BROWNING, C.J., DAVIS, and LEWIS, JJ., concur.
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Nelson v. State, 977 So. 2d 710 (Fla. 1st DCA 2008)…hed portion of the record does not conclusively refute this sufficiently pled claim. On remand, the trial court is instructed to attach portions of the record conclusively refuting this claim or conduct an evidentiary hearing. See Williams v. State, 947 So. 2d 1191 (Fla. 1st DCA 2007). Claim 7, which was summarily denied as facially insufficient, is reversed and remanded to the trial court with instructions to offer Appellant leave to amend the insufficient claim if the deficiency can be cured. See Spera v. S…
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- Peede v. State, 748 So. 2d 253 (Fla. 1999)