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Florida District Courts of Appeal, 2003

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided May 14, 2003 · Fletcher, Levy, Shevin
844 So. 2d 810; 2003 Fla. App. LEXIS 7023; 2003 WL 21077392 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

PER CURIAM.

The state properly concedes that the order denying post-conviction relief should be reversed and remanded. The trial court summarily denied the motion, and failed to attach any portion of the record to support its ruling. Thus, the record does not conclusively refute defendant’s facially viable claims. Wilcox v. State, 622 So.2d 132 (Fla. 3d DCA 1993); Jones v. State, 693 So.2d 1154 (Fla. 3d DCA 1997).

Reversed and remanded with directions.

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