Noble v. State

District Court of Appeal of Florida

Noble v. State

578 So. 2d 63, 16 Fla. L. Weekly 1105, 1991 Fla. App. LEXIS 3656

District Court of Appeal of Florida·Decided April 24, 1991·No. No. 91-0005·Published·Cited by 1 cases

Opinion

PER CURIAM.

Defendant Noble appeals the summary denial of his 3.850 motion for post-conviction relief. We affirm the denial of post-conviction relief as to all claims contained in the motion except the claim of ineffectiveness of trial counsel based upon trial counsel’s failure to file a motion for new trial. As to this claim, we remand to the trial court for an evidentiary hearing or for attachment of portions of the record show[64] ing the defendant is not entitled to relief. Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).

GLICKSTEIN, GUNTHER and POLEN, JJ., concur.

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PER CURIAM.

Defendant Noble appeals the summary denial of his 3.850 motion for post-conviction relief. We affirm the denial of post-conviction relief as to all claims contained in the motion except the claim of ineffectiveness of trial counsel based upon trial counsel’s failure to file a motion for new trial. As to this claim, we remand to the trial court for an evidentiary hearing or for attachment of portions of the record show[64] ing the defendant is not entitled to relief. Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).

GLICKSTEIN, GUNTHER and POLEN, JJ., concur.

Noble v. State, 578 So. 2d 63, 16 Fla. L. Weekly 1105, 1991 Fla. App. LEXIS 3656 (Fla. Ct. App. 1991).

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Opinion

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