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RODRIGUEZ v. STATE

No. 3D09-3259.

27 So.3d 727 (2010)

Jorge RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 3, 2010.

Attorney(s) appearing for the Case

Jorge Rodriguez, in proper person.

Bill McCollum, Attorney General, for appellee.

Before RAMIREZ, C.J., and ROTHENBERG, J., and SCHWARTZ, Senior Judge.

ROTHENBERG, J.

Jorge Rodriguez ("Rodriguez") appeals the trial court's order denying his rule 3.850 motion for postconviction relief. We affirm the denial of his motion regarding the claims alleged in grounds (2) and (3) and reverse as to the claims alleged in grounds (1), (4), (5), and (6). If the trial court summarily denies these claims on remand, it must attach those portions of the record which conclusively refute these claims, or it must conduct an evidentiary...

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