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Curtis Eugene CHANCEY, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2012-08-10No. No. 5D12-1960
94 So. 3d 666

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Opinion

majority opinion

PER CURIAM.

The State properly concedes that reversal of the trial court’s summary denial of Chancey’s Rule 3.850 motion is required because of the failure of the trial court to attach the necessary portions of the record to support denial. On remand, the trial court must either attach those portions of the record conclusively refuting Chancey’s claim, or hold an evidentiary hearing. REVERSED and REMANDED.

EVANDER, COHEN and JACOBUS, JJ., concur.