Florida District Courts of Appeal, 1997

Colonel v. State

Colonel v. State
Florida District Courts of Appeal · Decided October 15, 1997 · Cope, Fletcher, Nesbitt
700 So. 2d 150; 1997 Fla. App. LEXIS 11597; 1997 WL 631311 (Southern Reporter, Second Series)

Colonel v. State

Opinion of the Court

PER CURIAM.

Because the record on appeal does not conclusively refute or otherwise show no entitlement to relief on the appellant’s facially viable claim of ineffective assistance of trial counsel raised in his motion filed under Florida Rule of Criminal Procedure 3.850, the order on appeal, which summarily denied the motion, is reversed and remanded to the trial court for the purpose of conducting an evi-dentiary hearing on the issues raised by the appellant’s motion. See Jones v. State, 693 So.2d 1154 (Fla. 3d DCA 1997); Wilcox v. State, 622 So.2d 132 (Fla. 3d DCA 1993).

Reversed and remanded.

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