LEHMAN COY FOSTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2008-10-15
No. 1D07-3007
WEBSTER, LEWIS, and HAWKES, JJ., concur.
993 So. 2d 97 Florida District Court of Appeal, First District (2008) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant challenges the trial court’s summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. He sufficiently alleged he is entitled to postconviction relief on grounds of ineffective assistance of his trial counsel. Because the trial court failed to attach portions of the record conclusively refuting the appellant’s claims, we reverse and remand for the court below to either attach such record portions or to conduct an evidentiary hear ing. See Jackson v. State, 789 So. 2d 1218 (Fla. 1st DCA 2001).

REVERSED AND REMANDED.

WEBSTER, LEWIS, and HAWKES, JJ., concur.

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  • Wilson v. State, 4 So. 3d 1257 (Fla. 1st DCA 2009)
    …en. However, because claim four is facially sufficient, we reverse the order as to that claim and remand with instructions to either attach portions of the record that conclusively refute the claim or for an evidentiary hearing. See Foster v. State, 993 So. 2d 97, 97 (Fla. 1st DCA 2008) (reversing and remanding with instructions to either attach portions of the record conclusively refuting the facially sufficient claims of ineffective assistance of counsel or for an evidentiary hearing). AFFIRMED in part,…
  • Kornagay v. State, 38 So. 3d 221 (Fla. 1st DCA 2010)
    …counsel here. Regarding his remaining claims in grounds I, II, IV, VI, and VII, we reverse and remand for the trial court to either attach portions of the record conclusively refuting these claims or for an evidentiary hearing. See Foster v. State, 993 So. 2d 97, 97 (Fla. 1st DCA 2008). AFFIRMED in part, and REVERSED and REMANDED in part, with directions. WEBSTER, LEWIS, and ROBERTS, JJ., concur.…

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