RUAN v. STATE

No. 4D07-902.

965 So.2d 352 (2007)

Antonio RUAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 26, 2007.


Attorney(s) appearing for the Case

Thomas A. Kennedy of Thomas A. Kennedy, P.A., Vero Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Antonio Ruan appeals the summary denial of his rule 3.850 motion for postconviction relief. In his motion, he raised two grounds for relief. Appellant's second claim contained five sub-claims. We reverse on ground two, sub-claim four, and remand for an evidentiary hearing or for attachment of records which conclusively refute appellant's allegations.

Appellant was arrested and charged with burglary of a dwelling and battery. Upon the advice of...

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