O'Neill v. State

District Court of Appeal of Florida

O'Neill v. State

886 So. 2d 250, 2004 Fla. App. LEXIS 15392, 2004 WL 2347345

Procedural entryThis page is a short order in O'Neill v. State. Read the opinion of the Court — 841 So. 2d 629 →

District Court of Appeal of Florida·Decided October 20, 2004·No. No. 4D03-1918·Published

Opinion

CORRECTED OPINION

PER CURIAM.

We withdraw our opinion filed on September 22, 2004 and substitute this opinion.

We reverse the summary denial of appellant’s rule 3.850 motion for an evidentia-ry hearing on the grounds pertaining to counsel’s failure to call witnesses and present evidence which would have supported appellant’s voluntary intoxication defense, or the attachment of portions of record which conclusively refute appellant’s claim.

FARMER, C.J., KLEIN and MAY, JJ., concur.

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CORRECTED OPINION

PER CURIAM.

We withdraw our opinion filed on September 22, 2004 and substitute this opinion.

We reverse the summary denial of appellant’s rule 3.850 motion for an evidentia-ry hearing on the grounds pertaining to counsel’s failure to call witnesses and present evidence which would have supported appellant’s voluntary intoxication defense, or the attachment of portions of record which conclusively refute appellant’s claim.

FARMER, C.J., KLEIN and MAY, JJ., concur.

O'Neill v. State, 886 So. 2d 250, 2004 Fla. App. LEXIS 15392, 2004 WL 2347345 (Fla. Ct. App. 2004).

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