Opinion
No. 4D21-1611
10-27-2021
Billy O. BAKER, Appellant, v. STATE of Florida, Appellee.
Billy O. Baker, Wewahitchka, pro se. Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Assistant Attorney General, West Palm Beach, for appellee.
Billy O. Baker, Wewahitchka, pro se.
Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Assistant Attorney General, West Palm Beach, for appellee.
On Confession of Error
Per Curiam.
We accept the State's confession of error in its response to this Court's order to show cause. The trial court erred in summarily denying the postconviction motion as insufficient. As the State concedes, Appellant's claim is facially sufficient. Accordingly, we reverse and remand for attachment of records conclusively refuting the claim or for an evidentiary hearing.
Reversed and remanded .
Conner, C.J., Damoorgian and Levine, JJ., concur.