White v. State
District Court of Appeal of Florida
1Per curiam
We affirm, without discussion, the trial court’s summary denial of claims two, three, four, five, six, and seven as raised in Appellant’s rule 3.850 motion for postcon-viction relief. We reverse the trial court’s summary denial of claim one. With respect to claim one, the trial court has failed to include a copy of the transcript pages referenced in its order and, therefore, we are prevented from concluding that Appellant’s claim has been conclusively refuted by the record. See Fla. R.App. P. 9.141(b)(2)(D); LeBlanc v. State, 997 So.2d 508 (Fla. 5th DCA 2008).
Accordingly, the instant matter…
2Cases cited1 opinion
- LeBlanc v. StateDistrict Court of Appeal of Florida · 2008
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