DocketNumber: No. 96-3551
Citation Numbers: 689 So. 2d 1298, 1997 Fla. App. LEXIS 2791, 1997 WL 134309
Judges: Farmer, Gunther, Warner
Filed Date: 3/26/1997
Status: Precedential
Modified Date: 10/18/2024
We reverse the trial court’s denial of Appellant’s rule 3.850 motion for post-conviction relief. Appellant’s motion alleging that his counsel was ineffective was not refuted by the exhibits attached to the State’s response and incorporated into the trial court’s order. A claimant is entitled to an evidentiary hearing on an ineffective assistance of counsel claim if he specifies facts, not conclusively rebutted by the record, demonstrating counsel’s deficiency in performance that prejudiced him. Rose v. State, 617 So.2d 291, 296 (Fla.), cert. denied, 510 U.S. 903, 114 S.Ct. 279, 126 L.Ed.2d 230 (1993). Therefore, the order denying relief is reversed and remand
REVERSED and REMANDED.