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Smith v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 8, 2016
200 So. 3d 195 (Fla. Dist. Ct. App. 2016)

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.


Summaries of

Smith v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 8, 2016
200 So. 3d 195 (Fla. Dist. Ct. App. 2016)
Case details for

Smith v. State

Case Details

Full title:REJI SMITH, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jul 8, 2016

Citations

200 So. 3d 195 (Fla. Dist. Ct. App. 2016)