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KOWLESSAR v. STATE

No. 4D17-1675.

240 So.3d 32 (2018)

Sean KOWLESSAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 28, 2018.

Attorney(s) appearing for the Case

Joshua LeRoy of LeRoy Law, PA, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melynda L. Melear , Senior Assistant Attorney General, West Palm Beach, for appellee.

The State concedes, and we agree, that the record does not conclusively refute Kowlessar's post-conviction claim. We therefore reverse and remand with instructions for the trial court to either attach additional records conclusively refuting Kowlessar's claim,1 or conduct an evidentiary hearing, if necessary.

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