DAWAYNE LEE DAVIS, JR.
v.
STATE OF FLORIDA
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The trial court properly denied the first postconviction claim but must either attach records conclusively refuting the second claim or conduct an evidentiary hearing on it.
[1] In a Rule 3.850 postconviction motion, when a claim cannot be conclusively refuted by the record, the trial court must conduct an evidentiary hearing rather than summaril…
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Join FLexlaw to unlock all legal intelligenceDawayne Lee Davis, Jr. filed a Rule 3.850 postconviction motion in Sumter County Circuit Court asserting two claims for relief.…
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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
DAWAYNE LEE DAVIS, JR., Appellant, v. Case No. 5D22-2317 LT Case No. 2017-CF-000464-A STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 9, 2022 3.850 Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge. Dawayne L. Davis, Jr., Jasper, pro se. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
2 Appellant sought relief pursuant to Florida Rule of Criminal Procedure 3.850, asserting two claims. We affirm as to the first claim but reverse and remand as to the second claim with instructions for the postconviction court to either attach records conclusively refuting Appellant’s second claim or to conduct an evidentiary hearing on that claim. AFFIRMED in part, REVERSED in part, and REMANDED with instructions. EVANDER, WALLIS and EDWARDS, JJ., concur.