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White v. State

District Court of Appeal of Florida, Fifth District.
Jul 21, 2017
225 So. 3d 321 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D17-842.

07-21-2017

Cody Lee WHITE, Appellant, v. STATE of Florida, Appellee.

Cody Lee White, Raiford, pro se. No Appearance for Appellee.


Cody Lee White, Raiford, pro se.

No Appearance for Appellee.

EDWARDS, J.

Cody White appeals the summary denial of his amended motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to grounds one, two, three, four, six, and seven. However, we reverse as to ground five because it is not conclusively refuted by the record. We remand to the trial court either to attach records that conclusively refute ground five or to conduct an evidentiary hearing on that ground.AFFIRMED in part; REVERSED in part; and REMANDED.

WALLIS and EISNAUGLE, JJ., concur.


Summaries of

White v. State

District Court of Appeal of Florida, Fifth District.
Jul 21, 2017
225 So. 3d 321 (Fla. Dist. Ct. App. 2017)
Case details for

White v. State

Case Details

Full title:Cody Lee WHITE, Appellant, v. STATE of Florida, Appellee.

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

Date published: Jul 21, 2017

Citations

225 So. 3d 321 (Fla. Dist. Ct. App. 2017)

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