Jamal Pollock 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 JAMAL POLLOCK, Appellant, v. Case No. 5D14-3039 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 30, 2015 3.850 Appeal from the Circuit Court for Orange County, Christi L. Underwood, Judge. Gary Schwartz, of Brownstone, P.A., Winter Park, for Appellant. No Appearance for Appellee. PER CURIAM. Jamal Pollock appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We conclude that the trial court’s order and the attachments thereto, do not conclusively negate Pollock’s claims, which are facially sufficient to warrant a hearing. Accordingly, we reverse the trial court’s order denying relief and remand this matter for an evidentiary hearing. REVERSED and REMANDED. SAWAYA, ORFINGER and LAMBERT, JJ., concur.

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