Florida District Courts of Appeal, 2004

Pereira v. State

Florida District Courts of Appeal · Decided January 21, 2004 · Cope, Levy, Shevin

863 So. 2d 487; 2004 Fla. App. LEXIS 445; 2004 WL 87693 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Buchman v. Canard (Fla. Dist. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SHEVIN, Judge.

We reverse the order denying defendant’s motion for post conviction relief, and remand this matter to the trial court for an evidentiary hearing on grounds of ineffective assistance of trial counsel raised in defendant’s motion. See McLin v. State, 827 So.2d 948 (Fla. 2002) (where no eviden-tiary hearing held on ineffective assistance of counsel appellate court must accept defendant’s factual allegations to the extent they are not refuted by the record). We affirm the trial court’s order as to the remaining issues raised.

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

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