MARQUIES BRISBANE v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

MARQUIES A. BRISBANE, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D16-3223

Decided: January 27, 2017

Marquies A. Brisbane, Malone, pro se. No Appearance for Appellee.

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.

PER CURIAM.

EVANDER, BERGER and LAMBERT, JJ., concur.

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