Basinski v. State

District Court of Appeal of Florida

Basinski v. State

697 So. 2d 1015, 1997 Fla. App. LEXIS 9184, 1997 WL 464158

CourtDistrict Court of Appeal of Florida

DecidedAugust 13, 1997

DocketNo. 96-3738

StatusPublished

This text of 697 So. 2d 1015 (Basinski 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

Basinski v. State, 697 So. 2d 1015, 1997 Fla. App. LEXIS 9184, 1997 WL 464158 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Appellant Stephen Basinski challenges the summary denial of his motion for postconviction relief. Appellant’s fourth ground for relief was a claim that his trial counsel was ineffective in failing to advise him of a possible defense, insanity by voluntary intoxication. Although the motion was denied for the reasons stated in the state’s response, incorporating record attachments, none of the attachments pertained to that claim. We cannot conclude that this ground is insufficient on its face and therefore reverse and remand for the attachment of portions of the record conclusively showing that appellant is not entitled to relief on this ground or for an [1016]*1016evidentiary hearing on this issue. The order on appeal is affirmed in all other respects.

AFFIRMED IN PART; REVERSED IN PART, and REMANDED WITH DIRECTIONS.

DELL, WARNER and POLEN, JJ., concur.

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PER CURIAM.

Appellant Stephen Basinski challenges the summary denial of his motion for postconviction relief. Appellant’s fourth ground for relief was a claim that his trial counsel was ineffective in failing to advise him of a possible defense, insanity by voluntary intoxication. Although the motion was denied for the reasons stated in the state’s response, incorporating record attachments, none of the attachments pertained to that claim. We cannot conclude that this ground is insufficient on its face and therefore reverse and remand for the attachment of portions of the record conclusively showing that appellant is not entitled to relief on this ground or for an [1016]*1016evidentiary hearing on this issue. The order on appeal is affirmed in all other respects.

AFFIRMED IN PART; REVERSED IN PART, and REMANDED WITH DIRECTIONS.

DELL, WARNER and POLEN, JJ., concur.

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Bluebook (online)

697 So. 2d 1015, 1997 Fla. App. LEXIS 9184, 1997 WL 464158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/basinski-v-state-fladistctapp-1997.