DEVALLE ROBINSON
v.
STATE OF FLORIDA
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When a trial court summarily denies a Rule 3.850 motion claiming an involuntary plea and lack of factual basis, the appellate court must reverse if the attached records do not conclusively refute those claims.
[1] A trial court may not summarily deny a Rule 3.850 motion alleging an involuntary plea and lack of factual basis unless the attached records conclusively refute those clai…
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Join FLexlaw to unlock all legal intelligenceDevalle Robinson appealed the summary denial of his post-conviction relief motion in which he alleged his plea was involuntary because he did not unde…
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PER CURIAM. Devalle Robinson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Robinson alleges that 1) his plea was involuntary because he did not understand the terms of the plea agreement, and 2) the trial court failed to determine that a factual basis for the plea existed. Because the records attached to the trial court’s order do not conclusively refute Robinson’s claims, we reverse and remand for the trial court to either attach records conclusively refuting Robinson’s claims or to hold an evidentiary hearing. REVERSED AND REMANDED. LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.