Florida District Courts of Appeal, 2012

Griffin v. State

Griffin v. State
Florida District Courts of Appeal · Decided November 16, 2012 · Padovano, Ray, Rowe
101 So. 3d 399; 2012 Fla. App. LEXIS 19906; 2012 WL 5688785 (Southern Reporter, Third Series)

Griffin v. State

Opinion of the Court

PER CURIAM.

The appellant’s rule 3.850 motion is facially sufficient to assert a claim of ineffective assistance of counsel to the extent that it alleges a failure to move for a judgment of acquittal on the charged offense of burglary with damage in excess of $1,000.00. The record before us contains no evidence that the damage exceeded $1,000.00 or that there was otherwise a valid reason why counsel did not raise this issue at trial. Consequently, we reverse the order summarily denying the motion and remand the case to the trial court for attachment of records conclusively refuting the claim or an evidentiary hearing.

PADOVANO, ROWE, and RAY, JJ„ concur.

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