Florida District Courts of Appeal, 1985

Herzog v. State

Herzog v. State
Florida District Courts of Appeal · Decided September 25, 1985 · Anstead, Barkett, Letts
475 So. 2d 747; 10 Fla. L. Weekly 2205; 1985 Fla. App. LEXIS 15993 (Southern Reporter, Second Series)

Herzog v. State

Opinion of the Court

PER CURIAM.

We affirm in part and reverse in part the trial court’s order denying appellant's motion for post-conviction relief without a hearing. We reverse only that portion of the order denying appellant’s claim of ineffective assistance of counsel. We remand with directions that the trial court either schedule an evidentiary hearing or attach portions of the record which conclusively establish that appellant’s claim of ineffective assistance of counsel is without merit.

ANSTEAD, LETTS and BARKETT, JJ., concur.

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