Kowlessar v. State

District Court of Appeal of Florida

Kowlessar v. State

240 So. 3d 32

CourtDistrict Court of Appeal of Florida

DecidedMarch 28, 2018

DocketNo. 4D17–1675

StatusPublished

This text of 240 So. 3d 32 (Kowlessar v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kowlessar v. State, 240 So. 3d 32 (Fla. Ct. App. 2018).

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Opinion

Per Curiam.

The State concedes, and we agree, that the record does not conclusively refute Kowlessar's post-conviction claim. We therefore reverse and remand with instructions for the trial court to either attach additional records conclusively refuting Kowlessar's claim,¹ or conduct an evidentiary hearing, if necessary.

Reversed and remanded.

Gross, Damoorgian and Conner, JJ., concur.

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Per Curiam.

The State concedes, and we agree, that the record does not conclusively refute Kowlessar's post-conviction claim. We therefore reverse and remand with instructions for the trial court to either attach additional records conclusively refuting Kowlessar's claim,¹ or conduct an evidentiary hearing, if necessary.

Reversed and remanded.

Gross, Damoorgian and Conner, JJ., concur.

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Bluebook (online)

240 So. 3d 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kowlessar-v-state-fladistctapp-2018.