Lehman v. State

John Scott Lehman appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. His motion alleged four grounds for relief, all of which involve the voluntariness of his plea. Although the trial judge denied the motion without an evidentiary hearing, he failed to attach portions of the record which conclusively refute Lehman’s allegations. See Johnson v. State, 523 So.2d 755 (Fla. 2d DCA 1988); Lofton v. State, 442 So.2d 1091 (Fla. 2d DCA 1983).

Accordingly, we reverse the order denying Lehman’s motion and remand the case to the…