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Byrd v. State

District Court of Appeal of Florida, First District
Jun 24, 2008
985 So. 2d 66 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D07-6049.

June 24, 2008.

An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge.

Desmond Byrd, pro se, Appellant.

Bill McCollum, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.


The appellant appeals an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand because the trial court has failed to attach any records that conclusively refute the appellant's claims of ineffective assistance of trial counsel. See Tidwell v. State, 844 So.2d 701 (Fla. 1st DCA 2003); Martin v. State, 927 So.2d 13 (Fla. 1st DCA 2006). The trial court shall either attach records conclusively refuting the claims, or hold an evidentiary hearing.

REVERSED AND REMANDED.

BROWNING, C.J., PADOVANO, and POLSTON, JJ., concur.


Summaries of

Byrd v. State

District Court of Appeal of Florida, First District
Jun 24, 2008
985 So. 2d 66 (Fla. Dist. Ct. App. 2008)
Case details for

Byrd v. State

Case Details

Full title:Desmond BYRD, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jun 24, 2008

Citations

985 So. 2d 66 (Fla. Dist. Ct. App. 2008)