TERRELL RIVERS
v.
STATE OF FLORIDA
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A trial court's summary denial of a Rule 3.850 motion must be reversed and remanded for an evidentiary hearing or production of record portions when the appellate record does not conclusively refute an ineffective assistance claim.
[1] When an appellate record does not include relevant trial transcript or conclusively refute an ineffective assistance of counsel claim, the trial court must be reversed an…
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Join FLexlaw to unlock all legal intelligenceTerrell Rivers appealed the summary denial of his Rule 3.850 motion challenging his conviction. Rivers claimed his counsel was ineffective for failing…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TERRELL RIVERS,
Appellant,
v. Case No. 5D18-3743
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed June 21, 2019
3.850 Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge.
Terrell Rivers, Lake City, pro se.
No Appearance for Appellee.
PER CURIAM.
Appellant, Terrell Rivers, appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We affirm in all respects except as to Appellant’s claim that his counsel was ineffective for failing to object to the admission of dispatch logs.
The record before us does not include the portion of the transcript relevant to the admission of the dispatch logs at trial or otherwise definitively reflect the basis for their admission. Therefore, given Appellant’s allegations, the attached record does not conclusively refute Appellant’s claim. As such, we reverse and remand for the trial court
2 to either hold an evidentiary hearing or to attach those portions of the record that conclusively refute the claim. We otherwise affirm. AFFIRMED in part; REVERSED in part; and REMANDED.
ORFINGER, BERGER and EISNAUGLE, JJ., concur.