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PER CURIAM. In his motion for postconviction relief, appellant claims that his trial counsel was ineffective for failing to investigate and present a voluntary intoxication defense. Because the record does not conclusively refute this allegation, we reverse for an evidentiary hearing on the issue. See Kijewski v. State, 831 So.2d 757 (Fla. 4th DCA 2002).
WARNER, TAYLOR and MAY, JJ., concur.
Document Info
Docket Number: No. 4D04-2051
Judges: Taylor, Warner
Filed Date: 2/2/2005
Precedential Status: Precedential
Modified Date: 10/18/2024