VANAUKEN v. State

District Court of Appeal of Florida

VANAUKEN v. State

1 So. 3d 368, 2009 Fla. App. LEXIS 2356, 2009 WL 211078

District Court of Appeal of Florida·Decided January 30, 2009·No. 5D08-2995·Published

Opinion

PER CURIAM.

Frederick Vanauken appeals from the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The State appropriately concedes error as to claims 4, 5, 11, and 12. On remand, the trial court shall attach to its order portions of the record conclusively refuting these claims or, alternatively, conduct an eviden- *369 tiary hearing. The remainder of the trial court’s order is affirmed.

AFFIRMED, in part; REVERSED, in part; REMANDED.

GRIFFIN, LAWSON and EVANDER, JJ., concur.

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PER CURIAM.

Frederick Vanauken appeals from the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The State appropriately concedes error as to claims 4, 5, 11, and 12. On remand, the trial court shall attach to its order portions of the record conclusively refuting these claims or, alternatively, conduct an eviden- *369 tiary hearing. The remainder of the trial court’s order is affirmed.

AFFIRMED, in part; REVERSED, in part; REMANDED.

GRIFFIN, LAWSON and EVANDER, JJ., concur.

VANAUKEN v. State, 1 So. 3d 368, 2009 Fla. App. LEXIS 2356, 2009 WL 211078 (Fla. Ct. App. 2009).

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