BYRD v. STATE

No. 97-553.

695 So.2d 1310 (1997)

Michael BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 2, 1997.


Attorney(s) appearing for the Case

Michael Byrd, Appellant, pro se.

No Appearance for Appellee.


PER CURIAM.

Michael Byrd, the defendant, appeals the trial court's order summarily denying his postconviction motion under rule 3.850 of the Florida Rules of Criminal Procedure. The order recites that the defendant's claims are conclusively refuted by attached portions of the record, but the portions of the record to which the court referred were not attached. Because the defendant has asserted a facially sufficient claim, the trial court erred in summarily denying...

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