Colonel v. State

District Court of Appeal of Florida

Colonel v. State

700 So. 2d 150, 1997 Fla. App. LEXIS 11597, 1997 WL 631311

District Court of Appeal of Florida·Decided October 15, 1997·No. No. 96-3166·Published·Cited by 1 cases

Opinion

PER CURIAM.

Because the record on appeal does not conclusively refute or otherwise show no entitlement to relief on the appellant’s facially viable claim of ineffective assistance of trial counsel raised in his motion filed under Florida Rule of Criminal Procedure 3.850, the order on appeal, which summarily denied the motion, is reversed and remanded to the trial court for the purpose of conducting an evi-dentiary hearing on the issues raised by the appellant’s motion. See Jones v. State, 693 So.2d 1154 (Fla. 3d DCA 1997); Wilcox v. State, 622 So.2d 132 (Fla. 3d DCA 1993).

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Because the record on appeal does not conclusively refute or otherwise show no entitlement to relief on the appellant’s facially viable claim of ineffective assistance of trial counsel raised in his motion filed under Florida Rule of Criminal Procedure 3.850, the order on appeal, which summarily denied the motion, is reversed and remanded to the trial court for the purpose of conducting an evi-dentiary hearing on the issues raised by the appellant’s motion. See Jones v. State, 693 So.2d 1154 (Fla. 3d DCA 1997); Wilcox v. State, 622 So.2d 132 (Fla. 3d DCA 1993).

Reversed and remanded.

Colonel v. State, 700 So. 2d 150, 1997 Fla. App. LEXIS 11597, 1997 WL 631311 (Fla. Ct. App. 1997).

Pincite

700 So. 2d 150 (Colonel v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related