Michael Bynoe appeals the postconviction courts order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm the order under review, except as to Bynoes claim that his trial counsel was ineffective for failing to call the minor victims pediatrician, Dr. Tiu, to testify at trial.
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We conclude that the record attachments to the denial order do not conclusively refute this claim. See Peede v. State, 748 So. 2d 253, 257 (Fla. 1999) (providing that to uphold a circuit courts summary denial of a rule 3.850 claim, the claim “must be either facially invalid or conclusively refuted by the record”). The postconviction court is directed either to attach additional records to its denial order that conclusively refute the claim or to hold an evidentiary hearing. AFFIRMED, in part; REVERSED, in part; REMANDED, with directions.
FOOTNOTES
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. Bynoe was convicted of neglect of a child causing great bodily harm. The victim is Bynoes then-infant daughter.
PER CURIAM.