DAVIS v. STATE

Case No. 5D22-2317.

352 So.3d 528 (2022)

Dawayne Lee DAVIS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion Filed December 9, 2022.


Attorney(s) appearing for the Case

Dawayne L. Davis, Jr., Jasper, pro se.

Ashley Moody , Attorney General, Tallahassee, and L. Charlene Matthews , Assistant Attorney General, Daytona Beach, for Appellee.


Appellant sought relief pursuant to Florida Rule of Criminal Procedure 3.850, asserting two claims. We affirm as to the first claim but reverse and remand as to the second claim with instructions for the postconviction court to either attach records conclusively refuting Appellant's second claim or to conduct an evidentiary hearing on that...

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