Cline v. State

District Court of Appeal of Florida

Cline v. State

592 So. 2d 387, 1992 Fla. App. LEXIS 816, 1992 WL 16668

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1992

DocketNo. 91-3263

StatusPublished

This text of 592 So. 2d 387 (Cline 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

Cline v. State, 592 So. 2d 387, 1992 Fla. App. LEXIS 816, 1992 WL 16668 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

This is an appeal from a summary denial by the trial court of the appellant’s rule 3.850 motion for post-conviction relief.

We conclude that two grounds raised by appellant have merit. Accordingly, we reverse and remand for an evidentiary hearing, or for attachment of portions of the record conclusively showing that appellant is not entitled to relief on the following two issues only: (1) Whether trial defense counsel was ineffective in failing to impeach the confidential informant with his prior inconsistent statement that appellant left the motel room with the cocaine; and (2) Whether trial defense counsel was ineffective in failing to request jury instructions on lesser included offenses.

GLICKSTEIN, C.J., and ANSTEAD and GUNTHER, JJ., concur.

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PER CURIAM.

This is an appeal from a summary denial by the trial court of the appellant’s rule 3.850 motion for post-conviction relief.

We conclude that two grounds raised by appellant have merit. Accordingly, we reverse and remand for an evidentiary hearing, or for attachment of portions of the record conclusively showing that appellant is not entitled to relief on the following two issues only: (1) Whether trial defense counsel was ineffective in failing to impeach the confidential informant with his prior inconsistent statement that appellant left the motel room with the cocaine; and (2) Whether trial defense counsel was ineffective in failing to request jury instructions on lesser included offenses.

GLICKSTEIN, C.J., and ANSTEAD and GUNTHER, JJ., concur.

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Bluebook (online)

592 So. 2d 387, 1992 Fla. App. LEXIS 816, 1992 WL 16668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cline-v-state-fladistctapp-1992.