Florida District Courts of Appeal, 2004

Bedwell v. State

Bedwell v. State
Florida District Courts of Appeal · Decided February 13, 2004 · Browning, Davis, Ervin
865 So. 2d 655; 2004 Fla. App. LEXIS 1559; 2004 WL 256447 (Southern Reporter, Second Series)

Bedwell v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s summary denial of the appellant’s facially sufficient postconviction claim that his trial counsel was ineffective for failing to investigate evidence that the appellant asserts would have proven his innocence. On remand, the trial court should either hold an evi-dentiary hearing or attach record excerpts sufficient to refute the appellant’s claims.

ERVIN, DAVIS and BROWNING, JJ, concur.

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