Pereira v. State

District Court of Appeal of Florida

Pereira v. State

863 So. 2d 487, 2004 Fla. App. LEXIS 445, 2004 WL 87693

District Court of Appeal of Florida·Decided January 21, 2004·No. No. 3D03-1400·Published·Cited by 1 cases

Opinion

SHEVIN, Judge.

We reverse the order denying defendant’s motion for post conviction relief, and remand this matter to the trial court for an evidentiary hearing on grounds of ineffective assistance of trial counsel raised in defendant’s motion. See McLin v. State, 827 So.2d 948 (Fla.2002) (where no eviden-tiary hearing held on ineffective assistance of counsel appellate court must accept defendant’s factual allegations to the extent they are not refuted by the record). We affirm the trial court’s order as to the remaining issues raised.

Affirmed in part, reversed in part, and remanded for an evidentiary hearing.

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SHEVIN, Judge.

We reverse the order denying defendant’s motion for post conviction relief, and remand this matter to the trial court for an evidentiary hearing on grounds of ineffective assistance of trial counsel raised in defendant’s motion. See McLin v. State, 827 So.2d 948 (Fla.2002) (where no eviden-tiary hearing held on ineffective assistance of counsel appellate court must accept defendant’s factual allegations to the extent they are not refuted by the record). We affirm the trial court’s order as to the remaining issues raised.

Affirmed in part, reversed in part, and remanded for an evidentiary hearing.

Pereira v. State, 863 So. 2d 487, 2004 Fla. App. LEXIS 445, 2004 WL 87693 (Fla. Ct. App. 2004).

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Opinion

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