IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
THEOPHILUS BESSELLIEU, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-4508
STATE OF FLORIDA,
Appellee.
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Opinion filed June 6, 2017.
An appeal from the Circuit Court for Duval County.
Steven B. Whittington, Judge.
Theophilus Bessellieu, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Robert Charles Lee, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
Appellant, Theophilus Bessellieu, challenges the summary denial of his rule
3.850 motion. In his brief, Bessellieu raised four issues. This Court affirms without
further comment on three of the issues. However, Appellant’s argument that Ground
One of his motion was not conclusively refuted by the portions of the record attached
to the lower court’s order is found to have merit. The lower court’s attachment of an
outdated Information has led us to this conclusion. We hereby reverse and remand
with instruction to either attach portions of the record conclusively refuting
Appellant’s claim in Ground One, or to conduct an evidentiary hearing to determine
whether ineffective assistance of counsel was provided.
REVERSED and REMANDED for attachment of record evidence to the
lower court’s order, or, in the event of the absence of such evidence, for an
evidentiary hearing.
ROBERTS, C. J., WINOKUR, and M.K. THOMAS, JJ., CONCUR.
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