          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                          No. 1D17-4764
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WILBERT MOORE, JR.,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Waddell A. Wallace, Judge.

                         February 18, 2019


PER CURIAM.

     Appellant challenges the trial court’s summary denial of his
3.850 motion. We agree with Appellant that the court failed to
attach portions of the record that conclusively establish that
Appellant is not entitled to relief. We reverse the trial court’s order
and remand for the court to hold an evidentiary hearing on
Appellant’s ineffective assistance claim, or to attach portions of the
record (not merely the State’s response to the motion) that
conclusively refute Appellant’s claims. Morrison v. State, 860 So.
2d 458, 460 (Fla. 1st DCA 2003); see Skellie v. State, 849 So. 2d
1220, 1221 (Fla. 5th DCA 2003).

RAY, KELSEY, and JAY, 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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Wilbert Moore, Jr., pro se, Appellant.

Ashley B. Moody, Attorney General; Trisha Meggs Pate, Assistant
Attorney General; and Robert Quentin Humphrey, Assistant
Attorney General, Tallahassee, for Appellee.




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