Devers v. State

On Confession of Error

SUAREZ, C.J.

Upon the state’s laudable confession of error, this case is reversed and remanded in order for the lower court to either hold an evidentiary hearing or to attach por tions of the record that conclusively refute Appellant’s claims.

As conceded by the state, Appellant’s Florida Rule of Criminal Procedure 3.850 motion challenged the voluntariness of his plea, a claim properly cognizable in a 3.850 motion. Mikenas v. State, 460 So.2d 359 (Fla.1984). As a result, the trial court was required to attach evidence conclusively refuting such a claim. See, e.g., Barnes…