Third District Court of Appeal
State of Florida
Opinion filed April 14, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1788
Lower Tribunal No. F14-554
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Terrence Jefferson,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.
Terrence Jefferson, in proper person.
Ashley Moody, Attorney General, and David Llanes, Assistant Attorney
General, for appellee.
Before SCALES, MILLER, and LOBREE, JJ.
PER CURIAM.
Appellant, Terrence Jefferson, challenges the summary denial of his
motion for postconviction relief alleging ineffective assistance of trial counsel
pursuant to Florida Rule of Criminal Procedure 3.850. Because the lower
court failed to “attach those specific parts of the record that refute each claim
presented in the motion,” we reverse and remand with directions to
reconsider the issues and for the attachment of appropriate portions of the
record that conclusively refute the allegations, or, if no such determination
can be reached from the record, for an evidentiary hearing. Anderson v.
State,
627 So. 2d 1170, 1171 (Fla. 1993) (citation omitted); see, e.g., Ross
v. State,
26 So. 3d 83, 84 (Fla. 3d DCA 2010) (“If the trial court again enters
an order summarily denying the postconviction motion, the court shall attach
record excerpts conclusively showing that the appellant is not entitled to any
relief on the stated claims.”); Barber v. State,
951 So. 2d 49, 50 (Fla. 3d DCA
2007); Thermidor v. State,
947 So. 2d 1253 (Fla. 3d DCA 2007).
Reversed and remanded.
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