Billy Lewis v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BILLY LEWIS, Appellant, v. Case No. 5D13-3267 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 31, 2014 3.850 Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge. F. Wesley Blankner, Jr., of Jaeger & Blankner, Orlando, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Billy Lewis appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for the trial court to conduct an evidentiary hearing or attach those portions of the record that refute Lewis's claim that his attorney misadvised him about his eligibility for the habitual offender sentence he received upon violating his probation.1 See Hill v. State, 611 So. 2d 115 (Fla. 5th DCA 1993). REVERSED and REMANDED with directions. SAWAYA, PALMER and ORFINGER, JJ., concur. 1 The court did not attach a copy of the violation of probation plea colloquy. 2
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