Jose Bribiesca Tafolla v. State of Florida

Jose Bribiesca Tafolla appeals the trial court’s order summarily denying his motion for posteonviction relief under Florida Rule of Criminal Procedure 3.850. We affirm, without comment, the court’s denial of seven of appellant’s claims, but reverse the denial as to claim two and remand for further proceedings.

On appeal from a summary denial of a rule 3.850 motion, this Court must reverse “unless the [postconviction] record shows conclusively that the appellant is entitled to no relief.” Fla. R. App. P. 9.141(b)(2)(D). The record before us does not conclusively refute claim two, which alleges…