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208 So. 3d 841

Brisbane v. State

District Court of Appeal of Florida

Decided January 27, 2017

District Court of Appeal of Florida · decided 2017-01-27

Decided 2017-01-27

PER CURIAM.

¶1Marquies Brisbane appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Brisbane’s first two claims were not conclusively refuted by the record, we reverse and remand for the trial court to either attach records refuting the claim or to hold an evidentiary hearing. We affirm as to Brisbane’s other claims.

¶2*842AFFIRMED, in part; REVERSED, in part; and REMANDED.

EVANDER, BERGER and LAMBERT, JJ., concur.
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