KEITH ANTHONY KELVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm without discussion the denial of appellant’s first three claims of ineffective assistance of counsel. We reverse the denial of' the fourth and fifth claims of ineffective assistance of trial counsel because, although referring to portions of the trial record in support of its denial of these claims, the trial court has failed to attach these referenced portions of the record to the order of denial as required by rule 3.850(d).
Accordingly, we affirm in part, reverse in part the order by which the motion was denied, and remand either for attachment of those portions of the record that conclusively show that appellant is not entitled to relief, or for further proceedings. See Cooper v. State, 700 So. 2d 734 (Fla. 1st DCA 1997).
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.
KAHN, MICKLE and DAVIS, JJ., concur.
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Citator
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Williams v. State, 717 So. 2d 1066 (Fla. 2d DCA 1998)…2d DCA 1986) (holding that counsel’s alleged deficiency in failing to move to suppress evidence may have rendered guilty plea involuntary, and that claim required record refutation or an evidentiary hearing to resolve it); see also Devega v. State, 706 So. 2d 102 (Fla. 1st DCA 1998) (echoing the holding of Simmons while silent on whether the conviction under attack resulted from a trial or a plea); Stewart v. State, 629 So. 2d 267 (Fla. 2d DCA 1993) (holding that trial counsel’s failure to move to suppress e…
Authorities Cited
- Cooper v. State, 700 So. 2d 734 (Fla. 1st DCA 1997)