RYAN DOYLE
v.
STATE
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A postconviction motion under Rule 3.850 that is facially sufficient must be remanded for an evidentiary hearing or conclusive refutation by attached records, rather than summarily denied.
[1] A postconviction motion under Rule 3.850 that is facially sufficient cannot be summarily denied without an evidentiary hearing or conclusive refutation by attached record…
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Join FLexlaw to unlock all legal intelligenceAppellant filed a Rule 3.850 postconviction motion raising five grounds for relief. The trial court denied the entire motion without distinguishing am…
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PER CURIAM.
Appellant seeks review of the trial court’s denial of his rule 3.850 motion. We affirm as to Grounds One, Three, Four and Five. However, we reverse as to Ground Two because it was facially sufficient and the attached records do not conclusively refute Appellant’s claim.
We remand for the postconviction court to reconsider Ground Two and either conduct an evidentiary hearing or attach records conclusively refuting Appellant’s claim set forth in Ground Two.
AFFIRMED in part; REVERSED in part; and REMANDED. TORPY, LAMBERT and EDWARDS, JJ., concur.