CODY LEE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CODY LEE WHITE, APPELLANT,
STATE OF FLORIDA, APPELLEE
225 So. 3d 321
Florida District Court of Appeal, Fifth District (2017)
Positive Treatment
Cited by 1 case
Opinion of the Court
Cody. White appeals the summary denial of his amended motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.'We affirm as tó grounds one, two, three, four, six, and seven, However, we reverse, as to ground five because it is not conclusively refuted by the record. We remand to the .trial court either to attach records that conclusively refute ground five or to conduct an evidentiary hearing on that ground.
*322AFFIRMED in part; REVERSED in part; and REMANDED.
WALLIS and EISNAUGLE, JJ., concur.
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Jones v. State (Fla. 5th DCA 2024)…ns of the transcript of the hearing regarding the use of child hearsay. On remand, the postconviction court shall either attach records conclusively refuting Appellant’s claims in Ground 2(d) or conduct an evidentiary hearing. See White v. State, 225 So. 3d 321 (Fla. 5th DCA 2017), Fla. R. Crim. P. 3.850(f), and Fla. R. App. P. 9.141(b)(2)(D). We affirm as to all other grounds and issues. AFFIRMED, in part; REVERSED, in part; Remanded for further proceedings. EDWARDS, C.J., and KILBANE and PRATT, JJ., c…