Kendall v. State
Kendall v. State
Opinion of the Court
Mark Kendall appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Although Kendall’s motion raised several claims, we conclude that only one has merit.
We remand to afford the trial court an opportunity to attach a copy of the plea hearing transcript conclusively refuting or supporting Kendall’s claim. See Baldon v. State, 648 So.2d 796 (Fla. 1st DCA 1994) (reversing order denying rule 3.850 motion to allow trial court to attach portions of record conclusively refuting appellant’s claim that sentence exceeded plea bargain). With regard to Kendall’s remaining claims, we affirm the trial court’s summary denial. .
AFFIRMED in part; REVERSED in part; and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.