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993 So. 2d 97

Docket No. 1D07-3007.

Foster v. State

Lehman Coy FOSTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 15, 2008.

District Court of Appeal of Florida · decided 2008-10-15

Cited by 2 later decisions — most recently June 2010

2 state decisions

Relies on Mitchell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-10-15

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¶1Lehman Coy Foster, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The appellant challenges the trial court's summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. He sufficiently alleged he is entitled to postconviction relief on grounds of ineffective assistance of his trial counsel. Because the trial court failed to attach portions of the record conclusively refuting the appellant's claims, we reverse and remand for the court below to either attach such record portions or to conduct an evidentiary hearing. *98See Jackson v. State,789 So.2d 1218 (Fla. 1st DCA 2001).

¶5REVERSED AND REMANDED.

¶6WEBSTER, LEWIS, and HAWKES, JJ., concur.

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