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ROBINSON v. STATE (2022)

District Court of Appeal of Florida, Fifth District.2022-09-02No. Case No. 5D22-1085

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Opinion

Devalle Robinson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Robinson alleges that 1) his plea was involuntary because he did not understand the terms of the plea agreement, and 2) the trial court failed to determine that a factual basis for the plea existed. Because the records attached to the trial courts order do not conclusively refute Robinsons claims, we reverse and remand for the trial court to either attach records conclusively refuting Robinsons claims or to hold an evidentiary hearing.

REVERSED AND REMANDED.

PER CURIAM.

LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.