DAVIS v. STATE

No. 97-3976.

716 So.2d 274 (1998)

Terence R. DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 17, 1998.


Attorney(s) appearing for the Case

Terence R. Davis, South Bay, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Terence R. Davis appeals an order summarily denying his motion for postconviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We affirm the denial as to his first ground for relief but reverse the denial as to the second ground, and remand for an evidentiary hearing or the attachment of record excerpts that conclusively refute his allegations.

In Appellant's first ground, he alleged that prior to the entry of his...

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