Nunez v. State

WHATLEY, Judge.

John Y. Nunez appeals the order summarily denying ground one of his motion for postconviction relief from his convictions of trafficking in amphetamine, trafficking in illegal drugs, and possession of a controlled substance. The order was entered after remand from this court with directions to hold an evidentiary hearing or attach portions of the record conclusively refuting the claim. See Nunez v. State, 988 So.2d 695 (Fla. 2d DCA 2008). Because the portions of the record the post-conviction court attached to the order do not conclusively refute ground one, we reverse and…