Bell v. State
Bell v. State
Opinion of the Court
This is Paul Ray Bell’s second appeal of a summary denial of his motion for post-conviction relief. We again must reverse.
In his first appeal,
Upon remand, the trial court denied Bell’s motion, again without conducting an evidentiary hearing. The trial court’s order attached a copy of the information which demonstrates that Bell was not charged under a witness tampering statute which had been declared unconstitutional. We, therefore, affirm the denial of Bell’s motion relating to the witness tampering charge.
However, the record still includes nothing to refute the ineffective assistance of counsel claim as to the worthless check charges. While the transcript of the plea colloquy reflects that Bell’s plea was free and voluntary, it does not refute the possibility that Bell may have had a valid defense to the check charges that a defense counsel overlooked.
Accordingly we affirm in part, reverse in part, and remand this case for proceedings consistent with this opinion. If the court again denies the motion, the court should attach portions of the record upon which it relied in reaching its decision. Otherwise, an evidentiary hearing may be necessary.
Affirmed in part; reversed in part. Remanded for further proceedings.
. Bell v. State, 585 So.2d 1125 (Fla. 2d DCA 1991).
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