ROBINSON v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Devalle ROBINSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D22-1085

Decided: September 02, 2022

Robert J. Slama, of Robert J. Slama, P.A., Jacksonville, for Appellant. No Appearance for Appellee.

Devalle Robinson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Robinson alleges that 1) his plea was involuntary because he did not understand the terms of the plea agreement, and 2) the trial court failed to determine that a factual basis for the plea existed. Because the records attached to the trial court's order do not conclusively refute Robinson's claims, we reverse and remand for the trial court to either attach records conclusively refuting Robinson's claims or to hold an evidentiary hearing.

REVERSED AND REMANDED.

PER CURIAM.

LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.

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