Lopez v. State, 268 So. 3d 926 (2019)

April 18, 2019 · District Court of Appeal of Florida, Fifth District · Case No. 5D18-2679

268 So. 3d 926

Jose Ramon LOPEZ, Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D18-2679

District Court of Appeal of Florida, Fifth District.

Opinion filed April 18, 2019

Jose Ramon Lopez, Crawfordville, pro se.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Jose Ramon Lopez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in all respects except as to ground two. We reverse the summary denial of ground two and remand for an evidentiary hearing as the claim was facially sufficient and the record does not conclusively refute it. See Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) ("[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient." (citing Maharaj v. State, 684 So.2d 726 (Fla. 1996) ) ).

AFFIRMED in part, REVERSED in part, and REMANDED.

WALLIS, GROSSHANS and SASSO, JJ., concur.