Brisbane v. State , 2017 Fla. App. LEXIS 851 ( 2017 )


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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.

    *842AFFIRMED, 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