Kowlessar v. State, 240 So. 3d 32 (2018)

March 28, 2018 · District Court of Appeal of Florida, Fourth District · No. 4D17–1675

240 So. 3d 32

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

No. 4D17-1675

District Court of Appeal of Florida, Fourth District.

[March 28, 2018]

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.

Per Curiam.

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.

Reversed and remanded.

Gross, Damoorgian and Conner, JJ., concur.

1 We also note that the record attached to the order did not include Page 2 of the plea form which contained Kowlessar's conditions.