Florida District Courts of Appeal, 2012

Chancey v. State

Chancey v. State
Florida District Courts of Appeal · Decided August 10, 2012 · Cohen, Evander, Jacobus
94 So. 3d 666; 2012 WL 3235324; 2012 Fla. App. LEXIS 13331 (Southern Reporter, Third Series)

Chancey v. State

Opinion of the Court

PER CURIAM.

The State properly concedes that reversal of the trial court’s summary denial of Chancey’s Rule 3.850 motion is required because of the failure of the trial court to attach the necessary portions of the record to support denial. On remand, the trial court must either attach those portions of the record conclusively refuting Chancey’s claim, or hold an evidentiary hearing.

REVERSED and REMANDED.

EVANDER, COHEN and JACOBUS, JJ., concur.

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