WARNER, J.
Appellant challenges the trial court's summary denial of his motion for postconviction relief. Because the allegations that his attorney lied to the court are not conclusively refuted in the record, we reverse.
In ground 2(b) of appellant's motion he stated, under penalty of perjury, that his attorney "committed fraud on the court when ... he told the court that he had just phoned and spoken with [appellant's alibi witness] but her recollection...
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