
    Kevin Lee ELLIOTT, Appellant, v. STATE of Florida, Appellee.
    CASE NO. 1D16-5527
    District Court of Appeal of Florida, First District.
    Opinion filed September 5, 2017.
    Kevin Elliot, pro se, Appellant.
    Pamela Jo Bondi, Attorney General, and David Llanes, Assistant Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Kevin Lee Elliott challenges the trial court’s order denying his motion for post-conviction relief, which failed to attach records that conclusively demonstrate no entitlement to relief. In addition, he challenges the trial court’s failure to conduct an evi-dentiary hearing or allow amendment of his pleadings. We reverse to require that the trial court either attach portions of the record that conclusively refute Elliott’s claims in counts one, four, seven, and eight of his complaint, or absent such records, hold an evidentiary hearing. See Washington v. State, 10 So.3d 1126, 1127 (Fla. 1st DCA 2009) (Absent attachment of portions of the record that conclusively refute claims, a “summary denial is improper, and an evidentiary hearing is required.”). As to other counts, Elliott should be given the opportunity to amend his claim. See Spera v. State, 971 So.2d 754, 762 (Fla. 2007) (“[W]hen a defendant’s initial rule 3.850 motion for postconviction relief is determined to be legally insufficient for failure to meet either the rule’s or other pleading requirements, the trial court abuses its discretion when it fails to allow the defendant at least one opportunity to amend the motion.”).

REVERSED AND REMANDED.

WOLF, MAKAR, and M.K. THOMAS, JJ., CONCUR.  