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240 So. 3d 32

Kowlessar v. State

District Court of Appeal of Florida · decided 2018-03-28

Decided 2018-03-28

Per Curiam.

¶1The State concedes, and we agree, that the record does not conclusively refute Kowlessar's post-conviction claim. We therefore reverse and remand with instructions for the trial court to either attach additional records conclusively refuting Kowlessar's claim,1 or conduct an evidentiary hearing, if necessary.

¶2Reversed and remanded.

¶3Gross, Damoorgian and Conner, JJ., concur.

¶4We also note that the record attached to the order did not include Page 2 of the plea form which contained Kowlessar's conditions.

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