Douglas v. State

Appellant seeks review of the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm, without discussion, the summary denial of ground three. However, because the record does not conclusively refute grounds one and two of Appellant’s motion, we reverse for an evi-dentiary hearing on those claims.

At the trial court, the State acknowledged in its court-ordered response to the motion that an evidentiary hearing is required to address Appellant’s claims. Likewise, in response to the Toler * order issued by this court, the State conceded…