Doyle v. State, 246 So. 3d 1298 (2018)

July 6, 2018 · District Court of Appeal of Florida, Fifth District · Case No. 5D18–1378
246 So. 3d 1298

Ryan DOYLE, Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D18-1378

District Court of Appeal of Florida, Fifth District.

Opinion filed July 6, 2018

Ryan Doyle, South Bay, pro se.

No Appearance for Appellee.

PER CURIAM.

Appellant seeks review of the trial court's denial of his rule 3.850 motion. We affirm as to Grounds One, Three, Four and Five. However, we reverse as to Ground Two because it was facially sufficient and the attached records do not conclusively refute Appellant's claim.

We remand for the postconviction court to reconsider Ground Two and either conduct an evidentiary hearing or attach records conclusively refuting Appellant's claim set forth in Ground Two.

AFFIRMED in part; REVERSED in part; and REMANDED.

TORPY, LAMBERT and EDWARDS, JJ., concur.