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THOMAS v. STATE

No. 3D03-103.

844 So.2d 810 (2003)

Darius L. THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 14, 2003.

Attorney(s) appearing for the Case

Darius L. Thomas, in proper person.

Charles J. Crist, Jr., Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before LEVY, FLETCHER and SHEVIN, JJ.

PER CURIAM.

The state properly concedes that the order denying post-conviction relief should be reversed and remanded. The trial court summarily denied the motion, and failed to attach any portion of the record to support its ruling. Thus, the record does not conclusively refute defendant's facially viable claims. Wilcox v. State, 622 So.2d 132 (Fla. 3d DCA 1993); Jones v. State, 693 So.2d 1154

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