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PER CURIAM. The appellant challenges the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Because the motion states a facially sufficient claim for relief and the trial court failed to attach record portions which conclusively refute the appellant’s claim, we reverse and remand the cause for further proceedings. See Wittemen v. State, 735 So.2d 538 (Fla. 2d DCA 1999).
REVERSED and REMANDED.
ERVIN, KAHN, and BENTON, JJ., concur.
Document Info
Docket Number: No. 1D04-4380
Citation Numbers: 894 So. 2d 281, 2005 Fla. App. LEXIS 104, 2005 WL 233932
Judges: Benton, Ervin, Kahn
Filed Date: 1/13/2005
Precedential Status: Precedential
Modified Date: 10/18/2024