¶1We reverse the summary denial of Appellant’s motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 and remand for the trial court to attach additional portions of the record that conclusively refute the claim or, if that is not possible, for an evidentia-ry hearing. The state argues that Appel*1009lant waived her right to a pre-sentence investigation by entering into a negotiated plea for a specific sentence. However, no portion of the trial court’s order denying relief demonstrates such a waiver or that it was, in fact, a negotiated sentence.
857 So. 2d 1008
Leach v. State
District Court of Appeal of Florida
Decided November 5, 2003
District Court of Appeal of Florida · decided 2003-11-05
Decided 2003-11-05