Florida District Courts of Appeal, 2012

Stephenson v. State

Stephenson v. State
Florida District Courts of Appeal · Decided February 10, 2012 · Orfinger, Sawaya, Monaco
79 So. 3d 880; 2012 WL 407156; 2012 Fla. App. LEXIS 1934 (Southern Reporter, Third Series)

Stephenson v. State

Opinion

PER CURIAM.

Appellant appeals the summary denial of his post-conviction motion filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. Of the three claims he raised in his motion, we find that the denial of only one warrants reversal. In claim two, Appellant asserts that his trial counsel was ineffective for advising him not to testify at trial. Because the record does not adequately refute this legally sufficient claim, we reverse that part of the order summarily denying it and remand this case to the trial court for an evidentiary hearing. See Ferrer v. State, 2 So.3d 1111 (Fla. 4th DCA 2009). Otherwise, we affirm the order under review.

AFFIRMED in part; REVERSED in part; and REMANDED.

ORFINGER, C.J., SAWAYA and MONACO, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.