REJI SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Reji Smith appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of claims (2), (3), (4), and (5). However, as the State properly concedes, the attachments, to the trial court’s order do not conclusively refute Smith’s first claim. Accordingly, we reverse the trial court’s denial of claim (1) and remand for the trial court .to either attach records conclusively refuting Smith’s claim, or in the alternative, hold an evidentiary hearing.
AFFIRMED, in part; REVERSED, in part; REMANDED.
EVANDER, WALLIS and LAMBERT, JJ., concur.
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