McDole v. State

After reviewing the state’s response to this Court’s show cause order, we conclude that the appellant’s rule 3.853 motion is facially sufficient. See Fla. R.Crim. P. *11553.853; § 925.11(l)(a)2.; (2)(a)l.-6., Fla. Stat. (2009). Thus, the trial court should have reviewed the merits of the appellant’s claim and either attached records conclusively refuting his assertions, or held a hearing on the motion. It is of no matter that the appellant entered a plea to the charges. See Glenn v. State, 954 So.2d 732 (Fla. 1st DCA 2007) (stating that the 2006 amendment to section 925.11, which governs…