IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ALLEN LEE DAVIS, Appellant, v. Case No. 5D17-3239 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 16, 2018 3.850 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge.

Allen L. Davis, Lowell, pro se.

No Appearance for Appellee.

PER CURIAM.

Allen Davis appeals the summary denial of his amended motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his first claim, Davis alleged that his trial counsel was ineffective in failing to file a motion to suppress certain incriminating statements that Davis had made to a detective. In summarily denying the claim, the trial court relied on the detective’s trial testimony to determine that a motion to suppress would have been fruitless. However, the record does not conclusively refute Davis’ claim that his statements were made during a custodial interrogation, during which he was not advised of his Miranda1 rights. Accordingly, on remand, the trial court must either attach records conclusively refuting this claim or hold an evidentiary hearing. We affirm, without discussion, the summary denial of the remainder of Davis’ claims.

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

PALMER, EVANDER and LAMBERT, JJ., concur.

1 Miranda v. Arizona, 384 U.S. 436 (1966).