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866 So. 2d 772

Hamilton v. State

District Court of Appeal of Florida

Decided February 26, 2004

District Court of Appeal of Florida · decided 2004-02-26

Relies on 788 So. 2d 223 - Atwater v. State · 809 So. 2d 56 - Smallwood v. State

Decided 2004-02-26

PER CURIAM.

¶1We reverse the summary denial of Appellant’s third claim of ineffectiveness of counsel in his rule 3.850 motion. The trial court failed to attach any portion of the record to refute Appellant’s entitlement to relief and Appellant’s claim of prejudice. See Atwater v. State, 788 So.2d 223, 229 (Fla.2001); see also Smallwood v. State, 809 So.2d 56 (Fla. 5th DCA 2002). Therefore, we remand and direct the trial court to either conduct an evidentiary hearing on this issue or attach portions of the record to refute Appéllant’s allegations. We affirm the denial of Appellant’s remaining claims without discussion.

¶2REVERSED and REMANDED for further proceedings.

BOOTH, PADOVANO and BROWNING, JJ., concur.
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