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706 So. 2d 102

Kelvin v. State

District Court of Appeal of Florida

Decided February 19, 1998

District Court of Appeal of Florida · decided 1998-02-19

Cited by 1 later decisions — most recently August 1998

1 state decisions

Relies on Cooper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-02-19

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PER CURIAM.

¶1Appellant appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm without discussion the denial of appellant’s first three claims of ineffective assistance of counsel. We reverse the denial of' the fourth and fifth claims of ineffective assistance of trial counsel because, although referring to portions of the trial record in support of its denial of these claims, the trial court has failed to attach these referenced portions of the record to the order of denial as required by rule 3.850(d).

¶2Accordingly, we affirm in part, reverse in part the order by which the motion was denied, and remand either for attachment of those portions of the record that conclusively show that appellant is not entitled to relief, or for further proceedings. See Cooper v. State, 700 So.2d 734 (Fla. 1st DCA 1997).

¶3AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.

KAHN, MICKLE and DAVIS, JJ., concur.
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