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Sean KOWLESSAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District2018-03-28No. No. 4D17–1675
240 So. 3d 32

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Opinion

majority opinion

Per Curiam.

The State concedes, and we agree, that the record does not conclusively refute Kowlessars post-conviction claim. We therefore reverse and remand with instructions for the trial court to either attach additional records conclusively refuting Kowlessars claim, or conduct an evidentiary hearing, if necessary. Reversed and remanded.

Gross, Damoorgian and Conner, JJ., concur.

We also note that the record attached to the order did not include Page 2 of the plea form which contained Kowlessars conditions.