Colonel v. State

District Court of Appeal of Florida

Colonel v. State

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

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 1997

DocketNo. 96-3166

StatusPublished

Cited by1 cases

This text of 700 So. 2d 150 (Colonel 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.

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

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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.

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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.

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700 So. 2d 150, 1997 Fla. App. LEXIS 11597, 1997 WL 631311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colonel-v-state-fladistctapp-1997.

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