Wesley B. Lucas v. State

District Court of Appeal of Florida

Wesley B. Lucas v. State

188 So. 3d 932, 2016 WL 1385892, 2016 Fla. App. LEXIS 5421

District Court of Appeal of Florida·Decided April 8, 2016·No. 5D15-2051·Published

Opinion

PER CURIAM.

Appellant, Wesley B. Lucas, appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which contains several numbered claims. We conclude that the record conclusively refutes claims two, three, and five. Accordingly, we affirm as to those claims. However, the record attachments do not conclusively refute claims one and four. As to those two claims, we reverse thé order under review and remand this case to the trial court to attach portions of the record conclusively refuting those claims or to hold an evidentiary hearing.

AFFIRMED in part; REVERSED in part; REMANDED.

SAWAYA, BERGER and LAMBERT, JJ., concur.

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PER CURIAM.

Appellant, Wesley B. Lucas, appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which contains several numbered claims. We conclude that the record conclusively refutes claims two, three, and five. Accordingly, we affirm as to those claims. However, the record attachments do not conclusively refute claims one and four. As to those two claims, we reverse thé order under review and remand this case to the trial court to attach portions of the record conclusively refuting those claims or to hold an evidentiary hearing.

AFFIRMED in part; REVERSED in part; REMANDED.

SAWAYA, BERGER and LAMBERT, JJ., concur.

Wesley B. Lucas v. State, 188 So. 3d 932, 2016 WL 1385892, 2016 Fla. App. LEXIS 5421 (Fla. Ct. App. 2016).

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