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717 So. 2d 1108

Reese v. State

District Court of Appeal of Florida

Decided September 23, 1998

District Court of Appeal of Florida · decided 1998-09-23

Decided 1998-09-23

PER CURIAM.

¶1Appellant challenges the trial court’s summary denial of his motion for postconviction relief. In a one-sentence order, the trial court denied the motion as legally insufficient. The state concedes that a remand is necessary for attachment of record excerpts conclusively establishing that appellant is entitled to no relief. We reverse and remand for attachment of portions of the record that conclusively refute appellant’s claims or, alternatively, for an evidentiary hearing. Fla. R.Crim. P. 3.850(d).

¶2REVERSED and REMANDED.

DELL, WARNER and POLEN, JJ., concur.
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