JOSEPH R. WATTS vs STATE OF FLORIDA

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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 JOSEPH R. WATTS, Appellant, v. Case No. 5D19-1059 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 1, 2019 3.850 Appeal from the Circuit Court for Orange County, Denise Kim Beamer, Judge. Joseph R. Watts, Blountstown, pro se. No Appearance for Appellee. PER CURIAM. Appellant, Joseph R. Watts, appeals the summary denial of his postconviction motion alleging newly discovered evidence, arguing that the record does not conclusively refute his claim. We agree. See, e.g., Floyd v. State, 202 So. 3d 137, 138 (Fla. 2d DCA 2016). We therefore remand for the trial court to attach records that conclusively refute Appellant’s claim or to hold an evidentiary hearing. REVERSED AND REMANDED for further proceedings. LAMBERT, EISNAUGLE and GROSSHANS, JJ., concur.

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