Ashton v. State

District Court of Appeal of Florida

Ashton v. State

617 So. 2d 1130, 1993 Fla. App. LEXIS 5244, 1993 WL 152391

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1993

DocketNo. 93-0632

StatusPublished

This text of 617 So. 2d 1130 (Ashton v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashton v. State, 617 So. 2d 1130, 1993 Fla. App. LEXIS 5244, 1993 WL 152391 (Fla. Ct. App. 1993).

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Opinions

FARMER, Judge.

A prisoner serving a life sentence for his conviction of first degree murder challenges in a collateral attack the effectiveness of his trial counsel. He contends in part that his lawyer failed to call two witnesses who would have testified that a co-defendant actually did the killing and coerced him to assist in covering-up the crime. His lawyer, he adds, told him that he could call the witnesses, both of whom had records, at a new trial after a reversal on appeal.

Unfortunately the trial court’s summary denial of his rule 3.850 motion fails to have any attachments showing conclusively that movant is entitled to no relief; nor did the order conclude that the motion is insufficient.

We reverse and remand for an evidentia-ry hearing or for attachment of those portions of the record conclusively demonstrat[1131]*1131ing that movant cannot possibly prevail on his motion.

REVERSED AND REMANDED WITH DIRECTIONS.

GUNTHER, J., concurs. POLEN, J., concurs specially with opinion.

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