Florida District Courts of Appeal, 1983

Austin v. State

Austin v. State
Florida District Courts of Appeal · Decided July 19, 1983 · Baskin, Nesbitt, Schwartz
434 So. 2d 350; 1983 Fla. App. LEXIS 20923 (Southern Reporter, Second Series)

Austin v. State

Opinion of the Court

PER CURIAM.

Because the appellant’s motion for post-conviction relief raised one or more grounds which, if true, present a legally sufficient claim of ineffective assistance of counsel, we remand to the trial court to attach the portion of the record which conclusively shows that the defendant is not entitled to relief or to conduct an evidentiary hearing in accordance with Florida Rule of Criminal *351Procedure 3.850 and Walker v. State, 432 So.2d 727 (Fla. 3d DCA) (1983).

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