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
CODY LEE WHITE,
Appellant,
v. Case No. 5D17-842
STATE OF FLORIDA,
Appellee.
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Opinion filed July 21, 2017
3.850 Appeal from the Circuit
Court for Osceola County,
Jon B. Morgan, Judge.
Cody Lee White, Raiford, pro se.
No Appearance for Appellee.
EDWARDS, J.
Cody White appeals the summary denial of his amended motion for postconviction
relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to grounds
one, two, three, four, six, and seven. However, we reverse as to ground five because it
is not conclusively refuted by the record. We remand to the trial court either to attach
records that conclusively refute ground five or to conduct an evidentiary hearing on that
ground.
AFFIRMED in part; REVERSED in part; and REMANDED.
WALLIS and EISNAUGLE, JJ., concur.