Whitfield v. State

WARNER, Judge.

Since we must accept as true the sworn allegations of the motion which was filed pursuant to Florida Rule of Criminal Procedure 3.850 where they are not conclusively refuted by the record, Harich v. State, 484 So.2d 1239 (Fla.1986), we reverse the trial court’s order summarily denying appellant’s motion for post-conviction relief and remand for further proceedings on the motion. Neither the trial court’s order, the response by the state, nor anything in the record submitted to us on appeal even mentions, let alone conclusively refutes, these allegations of the motion charging…