IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2005 TERRY FENELON, Appellant, vs. THE STATE OF FLORIDA, Appellee. ** ** ** ** ** ** Opinion filed January 19, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Henry Leyte-Vidal, Judge. Terry Fenelon, in proper person. Charles J. Crist, Jr., Attorney General, and Mielke, Assistant Attorney General, for appellee. Before COPE, GREEN, and WELLS, JJ. CONFESSION OF ERROR PER CURIAM. We reverse the order summarily denying defendant’s Florida Rule of Criminal Procedure 3.850 motion. As the state properly Thomas C. LOWER TRIBUNAL NO. 00-19577 CASE NO. 3D04-1808
concedes, the defendant’s motion states cognizable claims and is
legally sufficient.
On remand, the court shall attach portions
of the record conclusively refuting the claims, or hold an evidentiary hearing on the allegations in the motion. Peede v.
State, 748 So. 2d 253 (Fla. 1999)(summary denial of 3.850 claims will not be affirmed unless claims are facially invalid or refutted by the record; Lasprilla v. State, 857 So. 2d 1011 (Fla. 3d DCA 2003)(same). Reversed and remanded.
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