Florida District Courts of Appeal, 1998

Overturf v. State

Overturf v. State
Florida District Courts of Appeal · Decided March 4, 1998 · Dell, Polen, Stone
706 So. 2d 130; 1998 Fla. App. LEXIS 2164; 1998 WL 88349 (Southern Reporter, Second Series)

Overturf v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s denial of appellant’s motion for relief pursuant to Florida Rule of Criminal Procedure 3.850, as the attachments to the order of denial do not conclusively refute two of the grounds appellant has raised. Accordingly, we remand for an evidentiary hearing only as to the following issues: (1) whether defendant’s counsel’s disavowal of a voluntary intoxication defense during closing argument constitutes ineffective assistance; and (2) whether counsel was deficient in failing to follow through on the expert’s pretrial recommendation for further consultation on appellant’s mental status. As to the other issue raised by appellant, we affirm.

STONE, C.J., and DELL and POLEN, JJ., concur.

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