Mikey R. Lawrence 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 MIKEY R. LAWRENCE, Appellant, v. Case No. 5D16-115 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 8, 2016 3.850 Appeal from the Circuit Court for Orange County, Greg A. Tynan, Judge. Mikey R. Lawrence, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant, Mikey R. Lawrence, appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which raised several grounds for relief. We affirm the order under review except as to grounds two and eight. We reverse that part of the order summarily denying grounds two and eight and remand to allow the trial court to attach portions of the record conclusively refuting those grounds or to hold an evidentiary hearing. AFFIRMED in part; REVERSED in part; REMANDED. SAWAYA, EVANDER and BERGER, JJ., concur. 2

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