Public-domain · open source
OpenJurist

17 So. 3d 344

Perez v. State

District Court of Appeal of Florida

Decided September 11, 2009

District Court of Appeal of Florida · decided 2009-09-11

Cited by 1 later decisions — most recently December 2009

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2009-09-11

View the full empirical analysis of this case →

PER CURIAM.

¶1 CONFESSION OF ERROR

¶2 Luis Manuel Perez filed a facially sufficient motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court summarily denied the motion without attaching any records to conclusively refute Perez’s claims of ineffective assistance of trial counsel. The State properly concedes error.

¶3 We reverse. On remand, the trial court shall either attach records that conclusively refute Perez’s claims or conduct an evi-dentiary hearing.

¶4 REVERSED AND REMANDED.

GRIFFIN, SAWAYA and ORFINGER, JJ., concur.
/17/so3d/344 · .json · Public domain