Opinion
No. 5D15–3245.
07-08-2016
Reji SMITH, Appellant, v. STATE of Florida, Appellee.
Reji Smith, Cross City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent–Tripp, and L. Charlene Matthews, Assistant Attorneys General, Daytona Beach, for Appellee.
Reji Smith, Cross City, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent–Tripp, and L. Charlene Matthews, Assistant Attorneys General, Daytona Beach, for Appellee.
PER CURIAM.
Reji Smith appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court's denial of claims (2), (3), (4), and (5). However, as the State properly concedes, the attachments to the trial court's order do not conclusively refute Smith's first claim. Accordingly, we reverse the trial court's denial of claim (1) and remand for the trial court to either attach records conclusively refuting Smith's claim, or in the alternative, hold an evidentiary hearing.
AFFIRMED, in part; REVERSED, in part; REMANDED.
EVANDER, WALLIS and LAMBERT, JJ., concur.