NOLAN v. STATE

No. 5D12-2005.

101 So.3d 919 (2012)

Kenyon NOLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 30, 2012.


Attorney(s) appearing for the Case

Kenyon Nolan, Milton, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Carmen F. Corrente , Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

We affirm the summary denial of Appellant's postconviction motion in all respects except claim seven, which was predicated on the alleged failure of trial counsel to communicate a plea offer from the State. The trial court summarily denied this claim based upon the State's response that no such plea offer occurred. This response does not conclusively negate the legally sufficient assertion in the motion. It merely advances a disputed fact that must be...

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