
    Rodger N. BUTLER, Appellant, v. STATE of Florida, Appellee.
    No. 1D15-3730.
    District Court of Appeal of Florida, First District.
    March 11, 2016.
    Rehearing Denied April 14, 2016.
    Rodger N. Butler, pro se, for Appellant.
    Pamela Jo Bondi, Attorney General, for Appellee.
   PER CURIAM.

Rodger N. Butler ’appeals the trial court’s summary denial of his motion for post-conviction relief alleging ineffective assistance of trial counsel during a trial in 2011. Upon consideration of his multiple arguments, we affirm the post-conviction order without additional comment, except for Mr. Butler’s second claim. We reverse and remand on his second claim, because the post-conviction order and attached records do not conclusively refute it.

In his second claim for post-conviction relief, Mr. Butler asserted that his trial counsel was ineffective for failing to object to certain statements made by the prosecutor in. his opening statement, at trial, and during closing. ‘When a motion for post-conviction relief under [rule 3.850] is granted or denied without an evidentiary hearing, ... unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate.relief.” Fla. R. App. P. 9.141(b)(2)(A) & (D); Smith v. State, 170 So.3d 124, 125 (Fla. 1st DCA 2015). In this case, we cannot determine from the record attachments whether the record conclusively refutes Appellant’s contention that trial counsel was ineffective for failing to object to "the prosecutor’s statements. Upon remand, the trial court may either grant an evidentiary hearing, or enter summary denial a second time and attach portions of the record that conclusively refute Appellant’s allegations.

AFFIRMED IN PART and REVERSED IN PART.

WOLF, OSTERHAUS, and KELSEY, JJ., concur.  