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GUTIERREZ v. STATE

Case No. 5D21-3048.

342 So.3d 295 (2022)

Rene GUTIERREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed July 1, 2022.

Attorney(s) appearing for the Case

Michelle Walsh , of Law Offices of Michelle R. Walsh, P.A., Miami, for Appellant.

Ashley Moody , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellee.

Rene Gutierrez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the records attached to the order do not conclusively refute appellant's claims, we reverse.

The underlying facts, as alleged in Appellant's motion, reflect that Appellant was charged...

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