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PER CURIAM. Marquies Brisbane appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Brisbane’s first two claims were not conclusively refuted by the record, we reverse and remand for the trial court to either attach records refuting the claim or to hold an evidentiary hearing. We affirm as to Brisbane’s other claims.
*842 AFFIRMED, in part; REVERSED, in part; and REMANDED.EVANDER, BERGER and LAMBERT, JJ., concur.
Document Info
Docket Number: Case No. 5D16-3223
Citation Numbers: 208 So. 3d 841, 2017 WL 378590, 2017 Fla. App. LEXIS 851
Judges: Berger, Evander, Lambert
Filed Date: 1/27/2017
Precedential Status: Precedential
Modified Date: 10/19/2024