Gaylord v. State

The appellant challenges the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Because the motion states a facially sufficient claim for relief and the trial court failed to attach record portions which conclusively refute the appellant’s claim, we reverse and remand the cause for further proceedings. See Wittemen v. State, 735 So.2d 538 (Fla. 2d DCA 1999).

REVERSED and REMANDED.

ERVIN, KAHN, and BENTON, JJ., concur.