Marquies A. Brisbane v. State
This text of Marquies A. Brisbane v. State (Marquies A. Brisbane 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.
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
MARQUIES A. BRISBANE,
Appellant,
v. Case No. 5D16-3223
STATE OF FLORIDA,
Appellee.
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Opinion filed January 27, 2017
3.850 Appeal from the Circuit Court for Orange County, Keith A. Carsten, Judge.
Marquies A. Brisbane, Malone, pro se.
No Appearance for Appellee.
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.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
EVANDER, BERGER and LAMBERT, JJ., concur.
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