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

DAWAYNE LEE DAVIS, JR., Appellant, v. Case No. 5D22-2317 LT Case No. 2017-CF-000464-A STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 9, 2022 3.850 Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge.

Dawayne L. Davis, Jr., Jasper, pro se.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant sought relief pursuant to Florida Rule of Criminal Procedure 3.850, asserting two claims. We affirm as to the first claim but reverse and remand as to the second claim with instructions for the postconviction court to either attach records conclusively refuting Appellant’s second claim or to conduct an evidentiary hearing on that claim.

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

EVANDER, WALLIS and EDWARDS, JJ., concur.