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985 So. 2d 66

Docket No. 1D07-6049.

Byrd v. State

Desmond BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-06-24

Cited by 21 later decisions — most recently September 2017

21 state decisions

Relies on Tidwell v. State · Martin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-06-24

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¶1Desmond Byrd, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The appellant appeals an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand because the trial court has failed to attach any records that conclusively refute the appellant's claims of ineffective assistance of trial counsel. See Tidwell v. State,844 So.2d 701 (Fla. 1st DCA 2003); Martin v. State,927 So.2d 13 (Fla. 1st DCA 2006). The trial court shall either attach records conclusively refuting the claims, or hold an evidentiary hearing.

¶5REVERSED AND REMANDED.

¶6BROWNING, C.J., PADOVANO, and POLSTON, JJ., concur.

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