District Court of Appeal of Florida October 10, 2012, No. 4D11-811 (Garabedian v. State)

PER CURIAM.

We reverse the trial court’s order summarily denying appellant’s Rule 3.850 motion for postconviction relief. The records attached by the trial court do not conclusively refute appellant’s allegation that trial counsel incorrectly advised him before the plea that he could move for a “downward departure” from the mandatory minimum penalties provided by the drug trafficking statute.