Opinion
Case No. 1D00-647
Opinion filed September 28, 2000.
An appeal from the Circuit Court for Escambia County; Joseph Q. Tarbuck, Judge.
Michael L. Vangunda, Pro Se.
Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, Attorneys for Appellee.
This appeal arises from an order summarily denying Appellant's motion pursuant to rule 3.850, Florida Rules of Criminal Procedure. Appellant concedes that the trial court's denial of claim 1 was proper. Claim 2 is without merit. Therefore, we affirm claims 1 and 2 without further discussion. We remand claim 3 to the trial court for attachment of records conclusively refuting the claim or to conduct an evidentiary hearing.
BOOTH and BENTON, JJ., and SHIVERS, DOUGLASS B., SENIOR JUDGE, CONCUR.