Florida District Courts of Appeal, 2002

Herring v. State

Herring v. State
Florida District Courts of Appeal · Decided October 11, 2002 · Blue, Davis, Fulmer
827 So. 2d 389; 2002 Fla. App. LEXIS 14666; 2002 WL 31268867 (Southern Reporter, Second Series)

Herring v. State

Opinion of the Court

BLUE, Chief Judge.

Michael E. Herring appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Herring’s motion contained seven issues that were all summarily denied by the trial court. We affirm six of these issues without comment and reverse on the remaining issue: whether trial counsel was ineffective for failing to convey a plea offer. The trial court attached portions of the record that do not conclusively refute this issue. Instead, the attachments establish a factual dispute which must be resolved in an evi-dentiary hearing. Therefore, we reverse and remand for an evidentiary hearing on this issue only.

Affirmed in part, reversed in part, and remanded for evidentiary hearing.

FULMER and DAVIS, JJ., concur.

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