Opinion
No. 5D13–3267.
2014-01-31
Billy LEWIS, Appellant, v. STATE of Florida, Appellee.
3.850 Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge. F. Wesley Blankner, Jr., of Jaeger & Blankner, Orlando, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
3.850 Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge.
F. Wesley Blankner, Jr., of Jaeger & Blankner, Orlando, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Billy Lewis appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for the trial court to conduct an evidentiary hearing or attach those portions of the record that refute Lewis's claim that his attorney misadvised him about his eligibility for the habitual offender sentence he received upon violating his probation. See Hill v. State, 611 So.2d 115 (Fla. 5th DCA 1993).
The court did not attach a copy of the violation of probation plea colloquy.
REVERSED and REMANDED with directions.
SAWAYA, PALMMER and ORFINGER, JJ., concur.