Florida District Courts of Appeal, 2004

O'Neill v. State

O'Neill v. State
Florida District Courts of Appeal · Decided October 20, 2004 · Farmer, Klein
886 So. 2d 250; 2004 Fla. App. LEXIS 15392; 2004 WL 2347345 (Southern Reporter, Second Series)

O'Neill v. State

Opinion of the Court

CORRECTED OPINION

PER CURIAM.

We withdraw our opinion filed on September 22, 2004 and substitute this opinion.

We reverse the summary denial of appellant’s rule 3.850 motion for an evidentia-ry hearing on the grounds pertaining to counsel’s failure to call witnesses and present evidence which would have supported appellant’s voluntary intoxication defense, or the attachment of portions of record which conclusively refute appellant’s claim.

FARMER, C.J., KLEIN and MAY, JJ., concur.

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