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995 So. 2d 1171

Baker v. State

District Court of Appeal of Florida

Decided December 10, 2008

District Court of Appeal of Florida · decided 2008-12-10

Relies on 930 So. 2d 794 - Murphy v. State · Bussey v. State

Decided 2008-12-10

PER CURIAM.

¶1Scott Baker seeks to reverse the trial court’s order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review of the claims on the merits. As the state recognizes in its response to this court, the claims are cognizable. See e.g. Bussey v. State, 929 So.2d 708 (Fla. 4th DCA 2006); Murphy v. State, 930 So.2d 794 (Fla. 1st DCA 2006).

¶2On remand, the trial court should either attach portions of the record conclusively refuting Baker’s claims or conduct an evi-dentiary hearing. The trial court is requested to review this matter expeditiously due to the potential of the defendant’s release date being in March, 2009.

¶3Reversed and Remanded.

WARNER, MAY and DAMOORGIAN, JJ., concur.
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