Thomas v. State

The state properly concedes that the order denying post-conviction relief should be reversed and remanded. The trial court summarily denied the motion, and failed to attach any portion of the record to support its ruling. Thus, the record does not conclusively refute defendant’s facially viable claims. Wilcox v. State, 622 So.2d 132 (Fla. 3d DCA 1993); Jones v. State, 693 So.2d 1154 (Fla. 3d DCA 1997).

Reversed and remanded with directions.