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Davis v. State

District Court of Appeal of Florida, Fifth District.
Dec 9, 2022
352 So. 3d 528 (Fla. Dist. Ct. App. 2022)

Opinion

Case No. 5D22-2317.

12-09-2022

Dawayne Lee DAVIS, Jr., Appellant, v. STATE of Florida, Appellee.

Dawayne L. Davis, Jr., Jasper, pro se. Ashley Moody , Attorney General, Tallahassee, and L. Charlene Matthews , Assistant Attorney General, Daytona Beach, for Appellee.


Dawayne L. Davis, Jr., Jasper, pro se.

Ashley Moody , Attorney General, Tallahassee, and L. Charlene Matthews , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant sought relief pursuant to Florida Rule of Criminal Procedure 3.850, asserting two claims. We affirm as to the first claim but reverse and remand as to the second claim with instructions for the postconviction court to either attach records conclusively refuting Appellant's second claim or to conduct an evidentiary hearing on that claim.

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

EVANDER, WALLIS and EDWARDS, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, Fifth District.
Dec 9, 2022
352 So. 3d 528 (Fla. Dist. Ct. App. 2022)
Case details for

Davis v. State

Case Details

Full title:Dawayne Lee DAVIS, Jr., Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Dec 9, 2022

Citations

352 So. 3d 528 (Fla. Dist. Ct. App. 2022)