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
REJI SMITH,
Appellant,
v. Case No. 5D15-3245
STATE OF FLORIDA,
Appellee.
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Opinion filed July 8, 2016
3.850 Appeal from the Circuit
Court for Citrus County,
Richard A. Howard, Judge.
Reji Smith, Cross City, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Marjorie Vincent-Tripp,
and L. Charlene Matthews, Assistant
Attorneys General, Daytona Beach, for
Appellee.
PER CURIAM.
Reji Smith appeals the summary denial of his motion for post-conviction relief filed
pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s denial of
claims (2), (3), (4), and (5). However, as the State properly concedes, the attachments
to the trial court’s order do not conclusively refute Smith’s first claim. Accordingly, we
reverse the trial court’s denial of claim (1) and remand for the trial court to either attach
records conclusively refuting Smith’s claim, or in the alternative, hold an evidentiary
hearing.
AFFIRMED, in part; REVERSED, in part; REMANDED.
EVANDER, WALLIS and LAMBERT, JJ., concur.
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