07-6049 DESMOND BYRD v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-6049

Case Date: 06/24/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DESMOND BYRD, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed June 24, 2008. An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge. Desmond Byrd, pro se, Appellant. Bill McCollum, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-6049

PER CURIAM. The appellant appeals an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand because the trial court has failed to attach any records that conclusively refute the appellant's claims of ineffective assistance of trial counsel. See Tidwell v. State, 844 So. 2d 701 (Fla. 1st DCA 2003); Martin v. State, 927 So. 2d 13 (Fla. 1st DCA 2006). The trial court shall

either attach records conclusively refuting the claims, or hold an evidentiary hearing.

REVERSED AND REMANDED. BROWNING, C.J., PADOVANO, and POLSTON, JJ., CONCUR.

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