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903 So. 2d 297

Wilbon v. State

District Court of Appeal of Florida · decided 2005-06-08

Relies on 827 So. 2d 948 - McLin v. State · 880 So. 2d 548 - Jacobs v. State

Decided 2005-06-08

PER CURIAM.

¶1We find the appellant’s claims that trial counsel provided ineffective assistance of counsel by failing to file a motion to suppress and advising him to accept the State’s plea offer to be legally sufficient. Absent an evidentiary hearing or the attachment of any records refuting the appellant’s claim, we must accept the appellant’s factual allegations as true. McLin v. State, 827 So.2d 948 (Fla.2002).

¶2Accordingly, we reverse the order summarily denying relief and remand for the trial court to hold an evidentiary hearing or attach portions of the record that conclusively refute the appellant’s claims. Fla. R.App. P. 9.141(b)(2)(D); Jacobs v. State, 880 So.2d 548 (Fla.2004).

¶3Reversed and remanded with directions.

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