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964 So. 2d 258

Miles v. State

District Court of Appeal of Florida

Decided September 18, 2007

District Court of Appeal of Florida · decided 2007-09-18

Cited by 2 later decisions — most recently September 2011

2 state decisions

Relies on Peede v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-09-18

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PER CURIAM.

¶1Appellant, Stanley E. Miles, challenges the trial court’s summary denial of his eleven claims of ineffective assistance of counsel brought pursuant to Florida Rule of Criminal Procedure 3.850. We find no error with the trial court’s summary denial of claims one through seven and claims nine through eleven. However, the record attachments do not conclusively refute claim eight. Accordingly, we reverse the trial court’s order as to the summary denial of claim eight and remand with instructions to either attach portions of the record that conclusively refute the claim or conduct an evidentiary hearing. See Peede v. State, 748 So.2d 253, 257 (Fla.1999) (explaining that the summary denial of a rule 3.850 claim may be upheld only if a claim is facially invalid or conclusively refuted by the record).

¶2AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

BARFIELD, DAVIS, and LEWIS, JJ., concur.
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