          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D17-4762
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GERARDO MARTINEZ-SEGURA,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Russell Healey, Judge.

                           May 2, 2019


PER CURIAM.

     Gerardo Martinez-Segura appeals an order summarily
denying his rule 3.850 motion. Consistent with the State’s
concession, we reverse in part. The trial court erred in summarily
denying as to grounds four and five, which alleged ineffective
assistance of counsel based on counsel’s advice (or lack of advice)
regarding the deportation consequences of Martinez-Segura’s plea.
On remand, the trial court must either attach records conclusively
refuting these allegations or hold an evidentiary hearing. As to the
remaining grounds, we affirm.

    AFFIRMED in part and REVERSED in part.

ROWE, BILBREY, and WINSOR, JJ., concur.
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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Gerardo Martinez-Segura, pro se, Appellant.

Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant
Attorney General, Tallahassee, for Appellee.




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