HOLMES V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 CASEY HOLMES, ** Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D03-504 LOWER TRIBUNAL NO. 97-26076 ** Opinion filed April 21, 2004. An Appeal from the Circuit Court for Miami-Dade County, Mary Barzee, Judge. Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee. Before GERSTEN, GODERICH and SHEVIN, JJ. PER CURIAM. Casey Holmes appeals an order denying his motion for postconviction relief. motion on claim 2. We affirm the court s denial of the However, we reverse the denial on the remaining claims raised by defendant and remand for further proceedings. The state correctly concedes that these claims are facially sufficient and that the court did not attach portions of the record conclusively refuting the claims. On remand, the court may summarily deny these claims if they are conclusively refuted by the record, and attach those portions of the record to its order, or grant defendant an evidentiary hearing. Peede v. State, 748 So. 2d 253 (Fla. 1999); Padilla v. State, 861 So. 2d 1278 (Fla. 3d DCA 2003); Lasprilla v. State, 857 So. 2d 1011 (Fla. 3d DCA 2003). Reversed and remanded. -2-

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