Murphy v. State

WALLACE, Judge.

Michael R. Murphy appeals the summary denial of his motion for postconviction relief filed in accordance with Florida Rule of Criminal Procedure 3.850. We reverse and remand with instructions to grant an evidentiary hearing or to attach the relevant portions of the record that conclusively refute Mr. Murphy’s claims.

I. THE PROCEDURAL HISTORY

On January 5, 1996, Mr. Murphy was convicted of first-degree murder and grand theft after a jury trial. We affirmed Mr. Murphy’s convictions but reversed and remanded for resentencing. Murphy v. State, 694 So.2d 835, 835 (Fla. 2d DCA 1997).…