DOMINGO ALEXY FERREIRA
v.
STATE OF FLORIDA
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A trial court denying a postconviction ineffective assistance claim must attach to its order the record portions that it finds conclusively refute the claim, or alternatively hold an evidentiary hearing.
[1] When a trial court denies a postconviction ineffective assistance of counsel claim on the ground that record evidence conclusively refutes the defendant's assertion, the…
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Join FLexlaw to unlock all legal intelligenceDomingo Ferreira appealed the trial court's denial of his motion for postconviction relief based on four grounds of ineffective assistance of counsel.…
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PER CURIAM.
Domingo Ferreira appeals the trial court’s order denying his motion for postconviction relief in which he claimed four grounds of ineffective assistance of counsel. We affirm as to three of the four grounds but reverse that portion of the order denying the claim that his counsel failed to properly advise him on the State’s plea
offer (Ground Three). The trial court indicated that the record conclusively refuted Ferreira’s claim that he would have accepted that plea offer, but it did not attach the portions of the record that it found to have refuted Ferreira’s claim. We, therefore, reverse the order as to Ground Three and remand to the trial court to attach records that conclusively refute Ferreira’s claim or to hold an evidentiary hearing. See Thomas v. State, 306 So. 3d 1260, 1263 (Fla. 5th DCA 2020).
AFFIRMED, in part; REVERSED, in part; and REMANDED.
MAKAR, WALLIS, and KILBANE, JJ., concur.