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736 So. 2d 136

Parker v. State

District Court of Appeal of Florida · decided 1999-06-30

Relies on 658 So. 2d 521 - State v. Wilson

Decided 1999-06-30

PER CURIAM.

¶1This cause is before us on appeal from a summary denial of Appellant’s Florida Rule of Criminal Procedure 3.850 motion. The record before us does not support the trial court’s finding that Appellant’s motion was successive. Accordingly, we reverse and remand. On remand, should the trial court conclude that Appellant’s Ashley claim (see State v. Wilson, 658 So.2d 521 (Fla.1995)) is conclusively refuted by the record, it shall attach to its order denying relief those parts of the record upon which it relies. Otherwise, it shall hold a hearing.

¶2REVERSED and REMANDED.

BOOTH, JOANOS and WEBSTER, JJ., CONCUR.
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