TONY LEE ASHLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Appellant, Tony Lee Ashley, challenges the trial court’s order summarily denying his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Based upon the portions of the record that the trial court attached to its order, summary denial as to grounds one and three was proper. However, as the State acknowledged in its response to this Court’s Toler order, the trial court failed to attach portions of the record conclusively refuting the claims made in ground two of the motion. Accordingly, we reverse and remand for the trial court to either attach portions of the record conclusively refuting ground two or for an evidentiary hearing.
AFFIRMED in part; REVERSED in part; and REMANDED.
WOLF, DAVIS, and PADOVANO, JJ., concur.
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Nilio v. State, 143 So. 3d 424 (Fla. 1st DCA 2014)…se the summary denial of the motion and remand for the trial court either to attach those portions of the file or record that conclusively refute the allegations or to hold an evidentiary hearing to resolve any factual disputes. See Ashley v. State, 59 So. 3d 1172 (Fla. 1st DCA 2011). Petition for writ of prohibition DENIED on the merits; order summarily denying motion to correct sentence REVERSED and REMANDED with instructions. THOMAS and SWANSON, JJ., concur. . Florida Rule of Judicial Administration 2.3…