Florida District Courts of Appeal, 2016

Arthur Williams v. State

Arthur Williams v. State
Florida District Courts of Appeal · Decided July 1, 2016 · Sawaya, Orfinger, Lambert
200 So. 3d 186; 2016 Fla. App. LEXIS 10162; 2016 WL 3570165 (Southern Reporter, Third Series)

Arthur Williams v. State

Opinion

*187 PER CURIAM.

Arthur Williams appeals the Summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm except as to Ground One. We reverse the summary denial of Ground One and remand for attachment of portions of the record conclusively refuting that claim or for an evidentiary hearing. See Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So.2d 726 (Fla. 1996))).

AFFIRMED in part, REVERSED in part, and REMANDED.

SAWAYA, ORFINGER and LAMBERT, JJ., concur.

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