Florida District Courts of Appeal, 2005

Robinson v. State

Robinson v. State
Florida District Courts of Appeal · Decided April 20, 2005 · Gunther, Polen, Taylor
900 So. 2d 689; 2005 Fla. App. LEXIS 5466; 2005 WL 906183 (Southern Reporter, Second Series)

Robinson v. State

Opinion of the Court

PER CURIAM.

We find appellant’s claim that defense counsel was ineffective for failing to strike Juror Cunningham to be legally sufficient. We reverse the trial court’s summary denial of relief, and remand for either an evi-dentiary hearing or attachments of portions of the record to refute appellant’s claim. Kitchen v. State, 764 So.2d 868 (Fla. 4th DCA 2000); Powell v. State, 673 So.2d 119 (Fla. 4th DCA 1996).

GUNTHER, POLEN and TAYLOR, JJ., concur.

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