IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
WESLEY B. LUCAS,
Appellant,
v. Case No. 5D15-2051
STATE OF FLORIDA,
Appellee.
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Opinion filed April 8, 2016
3.850 Appeal from the Circuit Court
for Orange County,
Renee A. Roche, Judge.
Wesley B. Lucas, Monticello, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Kristen L. Davenport,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
Appellant, Wesley B. Lucas, appeals the summary denial of his motion for
postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which
contains several numbered claims. We conclude that the record conclusively refutes
claims two, three, and five. Accordingly, we affirm as to those claims. However, the
record attachments do not conclusively refute claims one and four. As to those two
claims, we reverse the order under review and remand this case to the trial court to
attach portions of the record conclusively refuting those claims or to hold an evidentiary
hearing.
AFFIRMED in part; REVERSED in part; REMANDED.
SAWAYA, BERGER and LAMBERT, JJ., concur.
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