Moragne v. State

ALTENBERND, Judge.

Anthony D. Moragne appeals the trial court’s order that summarily denies his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. This is the second time that the trial court has summarily denied the motion. See Moragne v. State, 761 So.2d 440 (Fla. 2d DCA 2000). Once again, we conclude that the record attachments do not conclusively refute Mr. Moragne’s claim.

It appears that the trial court may misunderstand the nature of Mr. Moragne’s claim. He was convicted of grand theft auto. There is no evidence directly connecting Mr. Moragne to…