Florida District Courts of Appeal, 1996

Curley v. State

Curley v. State
Florida District Courts of Appeal · Decided April 26, 1996 · Lazzara, Parker, Patterson
672 So. 2d 877; 1996 Fla. App. LEXIS 4378; 1996 WL 200215 (Southern Reporter, Second Series)

Curley v. State

Opinion of the Court

PER CURIAM.

Gary E. Curley appeals the denial of his motion for postconviction relief. Only one of the issues he raises, ineffective assistance of counsel, is facially sufficient and not conclusively refuted by the record before us. Therefore, we reverse and remand for attachment to the order of those portions of the case file and record which demonstrate that Curley is entitled to no relief; otherwise the court must conduct an evidentiary hearing to determine the merits of Curley’s first claim alleging ineffective assistance of counsel.

The balance of Curley’s claims are without merit.

Affirmed in part, reversed in part, and remanded.

PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.

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