Florida District Courts of Appeal, 1990

Diaz v. State

Diaz v. State
Florida District Courts of Appeal · Decided March 15, 1990 · Cowart, Daniel, Sharp
557 So. 2d 964; 1990 Fla. App. LEXIS 1580; 1990 WL 26956 (Southern Reporter, Second Series)

Diaz v. State

Opinion of the Court

DANIEL, Chief Judge.

The defendant, pro se, appeals the summary .denial of his post-conviction motion filed pursuant to Florida Rules of Criminal Procedure 3.850. The motion alleges defendant’s trial counsel was ineffective in failing to impeach the victim’s testimony with the victim’s prior felony record. We remand to the trial court for either attachment of records which refute the defendant’s allegation on this ground, or for the trial court to hold an evidentiary hearing regarding this claim.

REVERSED and REMANDED.

*965W. SHARP, J., concurs. COWART, J., dissents without opinion.

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