RODRIGUEZ-LARA v. STATE

No. 4D08-3967.

18 So.3d 1194 (2009)

Gabriel RODRIGUEZ-LARA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 30, 2009.


Attorney(s) appearing for the Case

Eugene S. Garrett, Boca Raton, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, Gabriel Rodriguez-Lara, appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 without an evidentiary hearing. We reverse and remand the denial of Grounds 1, 2, and 3, for the trial court to conduct an evidentiary hearing because appellant stated legally valid claims that are not conclusively refuted by the record. We affirm as to Ground 4.

"A court's decision whether to grant an evidentiary...

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