JEFFERSON v. STATE (2021)

District Court of Appeal of Florida, Third District.

Terrence JEFFERSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D20-1788

Decided: April 14, 2021

Before SCALES, MILLER, and LOBREE, JJ.

Terrence Jefferson, in proper person. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Appellant, Terrence Jefferson, challenges the summary denial of his motion for postconviction relief alleging ineffective assistance of trial counsel pursuant to Florida Rule of Criminal Procedure 3.850. Because the lower court failed to “attach those specific parts of the record that refute each claim presented in the motion,” we reverse and remand with directions to reconsider the issues and for the attachment of appropriate portions of the record that conclusively refute the allegations, or, if no such determination can be reached from the record, for an evidentiary hearing. Anderson v. State, 627 So. 2d 1170, 1171 (Fla. 1993) (citation omitted); see, e.g., Ross v. State, 26 So. 3d 83, 84 (Fla. 3d DCA 2010) (“If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief on the stated claims.”); Barber v. State, 951 So. 2d 49, 50 (Fla. 3d DCA 2007); Thermidor v. State, 947 So. 2d 1253 (Fla. 3d DCA 2007).

Reversed and remanded.

PER CURIAM.

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