Home/District Court of Appeal of Florida/Diaz v. State

Diaz v. State

557 So. 2d 964, 1990 Fla. App. LEXIS 1580, 1990 WL 26956
Procedural entryThis page is a short order in Diaz v. State. Read the opinion of the Court — 534 So. 2d 817 →
District Court of Appeal of Florida·Decided March 15, 1990·No. No. 89-1849·Published

Opinion

DANIEL, Chief Judge.

The defendant, pro se, appeals the summary .denial of his post-conviction motion filed pursuant to Florida Rules of Criminal Procedure 3.850. The motion alleges defendant’s trial counsel was ineffective in failing to impeach the victim’s testimony with the victim’s prior felony record. We remand to the trial court for either attachment of records which refute the defendant’s allegation on this ground, or for the trial court to hold an evidentiary hearing regarding this claim.

REVERSED and REMANDED.

[965]*965W. SHARP, J., concurs. COWART, J., dissents without opinion.

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

Diaz v. State, 557 So. 2d 964, 1990 Fla. App. LEXIS 1580, 1990 WL 26956 (Fla. Ct. App. 1990).

557 So. 2d 964 (Diaz v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.