DEVALLE ROBINSON vs STATE OF FLORIDA
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Opinion
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
DEVALLE ROBINSON,
Appellant,
v. Case No. 5D22-1085 LT Case Nos. 2020-101839-CFDL 2020-101858-CFDL
STATE OF FLORIDA,
Appellee.
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Opinion filed September 2, 2022
3.850 Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge.
Robert J. Slama, of Robert J. Slama, P.A., Jacksonville, for Appellant.
No Appearance for Appellee.
PER CURIAM. Devalle Robinson appeals the summary denial of his motion for
postconviction relief filed pursuant to Florida Rule of Criminal Procedure
3.850. In his motion, Robinson alleges that 1) his plea was involuntary
because he did not understand the terms of the plea agreement, and 2) the
trial court failed to determine that a factual basis for the plea existed. Because
the records attached to the trial court’s order do not conclusively refute
Robinson’s claims, we reverse and remand for the trial court to either attach
records conclusively refuting Robinson’s claims or to hold an evidentiary
hearing.
REVERSED AND REMANDED.
LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.
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