Giles v. State

District Court of Appeal of Florida

Giles v. State

732 So. 2d 384, 1999 Fla. App. LEXIS 2613, 1999 WL 128733

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1999

DocketNo. 98-00754

StatusPublished

Cited by1 cases

This text of 732 So. 2d 384 (Giles 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

Giles v. State, 732 So. 2d 384, 1999 Fla. App. LEXIS 2613, 1999 WL 128733 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

Sammie Giles timely appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court summarily denied ground four, held an evidentiary hearing on the other grounds, and then denied the motion in its entirety. Contrary to the trial court’s determination, we find that Giles’ claim of ineffective assistance of counsel for failure to investigate his defense (ground four) is facially sufficient under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Accordingly, we reverse only the trial court’s summary denial of ground four and remand for further proceedings in accordance with the procedures set forth in rule 3.850.

Affirmed in part, reversed in part and remanded for further proceedings.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., Concur.

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

PER CURIAM.

Sammie Giles timely appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court summarily denied ground four, held an evidentiary hearing on the other grounds, and then denied the motion in its entirety. Contrary to the trial court’s determination, we find that Giles’ claim of ineffective assistance of counsel for failure to investigate his defense (ground four) is facially sufficient under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Accordingly, we reverse only the trial court’s summary denial of ground four and remand for further proceedings in accordance with the procedures set forth in rule 3.850.

Affirmed in part, reversed in part and remanded for further proceedings.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

732 So. 2d 384, 1999 Fla. App. LEXIS 2613, 1999 WL 128733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giles-v-state-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack