Florida District Courts of Appeal, 1999

Pate v. State

Pate v. State
Florida District Courts of Appeal · Decided August 18, 1999 · Gunther, Shahood, Taylor
740 So. 2d 1221; 1999 Fla. App. LEXIS 10997; 1999 WL 625559 (Southern Reporter, Second Series)

Pate v. State

Opinion of the Court

PER CURIAM.

We reverse and remand the summary denial of appellant’s Rule 3.850 motion on two grounds only, for record attachments to support denial or an evidentiary hearing. On remand the trial court shall consider the merits of Points (c) and (e) of the motion.

Point (c) concerns appellant’s claim that counsel failed to prepare him to testify at trial such that appellant mentioned the invocation of his right to remain silent when questioned by the police. Point (e) concerns counsel’s alleged failure to consult with appellant about instructing the jury of lesser included offenses. We affirm the denial on the remaining grounds.

GUNTHER, SHAHOOD and TAYLOR, JJ., concur.

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