Brisbane v. State

District Court of Appeal of Florida

Brisbane v. State

208 So. 3d 841, 2017 WL 378590, 2017 Fla. App. LEXIS 851

District Court of Appeal of Florida·Decided January 27, 2017·No. Case No. 5D16-3223·Published

Opinion

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.

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

EVANDER, BERGER and LAMBERT, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

EVANDER, BERGER and LAMBERT, JJ., concur.

Brisbane v. State, 208 So. 3d 841, 2017 WL 378590, 2017 Fla. App. LEXIS 851 (Fla. Ct. App. 2017).

Pincite

208 So. 3d 841 (Brisbane v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.