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
RYAN DOYLE,
Appellant,
v. Case No. 5D18-1378
STATE OF FLORIDA,
Appellee.
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Opinion filed July 6, 2018
3.850 Appeal from the Circuit
Court for Orange County,
John Marshall Kest, Judge.
Ryan Doyle, South Bay, pro se.
No Appearance for Appellee.
PER CURIAM.
Appellant seeks review of the trial court’s denial of his rule 3.850 motion. We affirm
as to Grounds One, Three, Four and Five. However, we reverse as to Ground Two
because it was facially sufficient and the attached records do not conclusively refute
Appellant’s claim.
We remand for the postconviction court to reconsider Ground Two and either
conduct an evidentiary hearing or attach records conclusively refuting Appellant’s claim
set forth in Ground Two.
AFFIRMED in part; REVERSED in part; and REMANDED.
TORPY, LAMBERT and EDWARDS, JJ., concur.
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