Washington v. State

Mark Washington appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion. Based upon the State’s proper confession of error, we reverse and remand this case because the present record does not refute claims 2, 3, 4, 5, 7, and 8 of Washington’s motion. Washington’s first and sixth claims were properly denied, however, and we affirm the trial court’s denial of those claims.

On remand, if the trial court again enters an order summarily denying Washington’s postconviction motion, the trial court shall attach those portions of the record conclusively refuting…