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206 So. 3d 841

Frasca v. State

District Court of Appeal of Florida

Decided December 22, 2016

District Court of Appeal of Florida · decided 2016-12-22

Decided 2016-12-22

PER CURIAM.

¶1Nickolas Frasca appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850, alleging three claims. As to grounds one and three, we affirm without comment. We reverse as to ground two because the trial court failed to attach records that conclusively refute the claim.

¶2On remand, the trial court shall either attach the necessary records that conclusively refute the claim made in ground two or hold an evidentiary hearing.

¶3AFFIRMED IN PART; REVERSED IN PART; REMANDED.

ORFINGER, EVANDER and COHEN, JJ., concur.
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