SEAN KOWLESSAR
v.
STATE OF FLORIDA
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When a post-conviction record does not conclusively refute the defendant's claim, the trial court must either attach additional records that do so or conduct an evidentiary hearing.
[1] When the record does not conclusively refute a post-conviction claim, the trial court must either attach additional records that do so or hold an evidentiary hearing befo…
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Join FLexlaw to unlock all legal intelligenceKowlessar filed a post-conviction claim. The trial court's order was supported by a record that did not conclusively refute the claim and was incomple…
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PER CURIAM.
The State concedes, and we agree, that the record does not conclusively refute Kowlessar’s post-conviction claim. We therefore reverse and remand with instructions for the trial court to either attach additional records conclusively refuting Kowlessar’s claim,1 or conduct an evidentiary hearing, if necessary.
Reversed and remanded. GROSS, DAMOORGIAN and CONNER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.