FITZGERALD v. STATE

No. 1D04-2647.

892 So.2d 541 (2005)

Robert FITZGERALD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 24, 2005.


Attorney(s) appearing for the Case

Robert Fitzgerald, Pro Se.

No appearance for Appellee.


PER CURIAM.

This is an appeal from the trial court's summary denial of Appellant's postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court failed to attach portions of the record to conclusively refute Appellant's claim of misadvice, we reverse. We affirm all other issues raised on appeal without further discussion.

In his motion, Appellant made a facially sufficient claim that his counsel misadvised him about...

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