White v. State

District Court of Appeal of Florida

White v. State

225 So. 3d 321, 2017 WL 3091143, 2017 Fla. App. LEXIS 10496

District Court of Appeal of Florida·Decided July 21, 2017·No. Case No. 5D17-842·Published·Cited by 1 cases

Opinion

EDWARDS, J.

Cody. White appeals the summary denial of his amended motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.'We affirm as tó grounds one, two, three, four, six, and seven, However, we reverse, as to ground five because it is not conclusively refuted by the record. We remand to the .trial court either to attach records that conclusively refute ground five or to conduct an evidentiary hearing on that ground.

[322]*322AFFIRMED in part; REVERSED in part; and REMANDED.

WALLIS and EISNAUGLE, JJ., concur.

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EDWARDS, J.

Cody. White appeals the summary denial of his amended motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.'We affirm as tó grounds one, two, three, four, six, and seven, However, we reverse, as to ground five because it is not conclusively refuted by the record. We remand to the .trial court either to attach records that conclusively refute ground five or to conduct an evidentiary hearing on that ground.

[322]*322AFFIRMED in part; REVERSED in part; and REMANDED.

WALLIS and EISNAUGLE, JJ., concur.

White v. State, 225 So. 3d 321, 2017 WL 3091143, 2017 Fla. App. LEXIS 10496 (Fla. Ct. App. 2017).

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Opinion

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