Florida District Courts of Appeal, 2004

Gilyard v. State

Gilyard v. State
Florida District Courts of Appeal · Decided March 11, 2004 · Davis, Hawkes, Nortwick
872 So. 2d 924; 2004 Fla. App. LEXIS 2927; 2004 WL 438563 (Southern Reporter, Second Series)

Gilyard v. State

Opinion of the Court

PER CURIAM.

The appellant, Lamontaque Gilyard, appeals the denial of various postconviction claims. We affirm without discussion all but one claim. In appellant’s second claim, he alleges his defense counsel was ineffective for failing to file a legally sufficient motion for a new trial. The trial court failed to address this claim. Accordingly, we reverse and remand for the trial court to either attach portions of the record conclusively refuting the appellant’s claim, or for an evidentiary hearing. See Parker v. Dugger, 660 So.2d 1386, 1389 (Fla. 1995) (“We will not rule upon the merits of those claims when the trial court never reached the merits below”).

DAVIS, VAN NORTWICK and HAWKES, JJ., concur.

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