Phillips v. State

Jeffery Phillips appeals the summary denial o¡f his motion for postcoriviction relief filed under Florida Rule of Criminal Procedure 3.850. Because the postconviction court’s order fails to conclusively refute Mr. Phillips’ claims for relief, we reverse and remand for further proceedings.

Background

Mr. Phillips, was serving a Florida probationary sentence for battery, .lewd or lascivious exhibition, and lewd or lascivious conduct when he pleaded guilty to and was convicted of a new child molestation offense in Indiana. As a result, the State sought to revoke his probation. Following an…