ROUSE v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Jason ROUSE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-2119

Decided: October 11, 2019

Christopher T. Cochran, of the Law Office of Christopher T. Cochran, Melbourne, for Appellant. No Appearance for Appellee.

Jason Rouse appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the attached record does not conclusively refute Rouse's facially sufficient claim that he would not have entered a plea save for his trial counsel's representation that his sentence would run concurrently with his pending sentence in his Brevard County case, we reverse the summary denial and remand for attachment of portions of the record conclusively refuting his claim or for an evidentiary hearing. See Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So. 2d 726 (Fla. 1996))).

REVERSED and REMANDED.

PER CURIAM.

ORFINGER and EISNAUGLE, JJ., and JACOBUS, B.W., Senior Judge, concur.

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