Florida District Courts of Appeal, 2017

Brisbane v. State

Brisbane v. State
Florida District Courts of Appeal · Decided January 27, 2017 · Berger, Evander, Lambert
208 So. 3d 841; 2017 WL 378590; 2017 Fla. App. LEXIS 851 (Southern Reporter, Third Series)

Brisbane v. State

Opinion of the Court

PER CURIAM.

Marquies Brisbane appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Brisbane’s first two claims were not conclusively refuted by the record, we reverse and remand for the trial court to either attach records refuting the claim or to hold an evidentiary hearing. We affirm as to Brisbane’s other claims.

*842AFFIRMED, in part; REVERSED, in part; and REMANDED.

EVANDER, BERGER and LAMBERT, JJ., concur.

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