Wesley B. Lucas 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 WESLEY B. LUCAS, Appellant, v. Case No. 5D15-2051 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 8, 2016 3.850 Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge. Wesley B. Lucas, Monticello, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant, Wesley B. Lucas, appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which contains several numbered claims. We conclude that the record conclusively refutes claims two, three, and five. Accordingly, we affirm as to those claims. However, the record attachments do not conclusively refute claims one and four. As to those two claims, we reverse the order under review and remand this case to the trial court to attach portions of the record conclusively refuting those claims or to hold an evidentiary hearing. AFFIRMED in part; REVERSED in part; REMANDED. SAWAYA, BERGER and LAMBERT, JJ., concur. 2

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