Summary
In Colonel v. State, 700 So.2d 150 (Fla. 3d DCA 1997), this Court ordered an evidentiary hearing on Joseph Colonel's 3.850 motion, which had been summarily denied by the lower court. Colonel has been declared indigent and is being represented by counsel on a pro bono basis.
Summary of this case from Colonel v. StateOpinion
Case No. 96-3166.
Opinion filed October 15, 1997.
An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court of Dade County, Lauren Levy Miller, Judge.
Louis M. Jepeway, Jr., for appellant.
Robert A. Butterworth, Attorney General and Sandra Jaggard, Assistant Attorney General, for appellee.
Before NESBITT, COPE, and FLETCHER, JJ.
Because the record on appeal does not conclusively refute or otherwise show no entitlement to relief on the appellant's facially viable claim of ineffective assistance of trial counsel raised in his motion filed under Florida Rule of Criminal Procedure 3.850, the order on appeal, which summarily denied the motion, is reversed and remanded to the trial court for the purpose of conducting an evidentiary hearing on the issues raised by the appellant's motion. See Jones v. State, 693 So.2d 1154 (Fla. 3d DCA 1997); Wilcox v. State, 622 So.2d 132 (Fla. 3d DCA 1993).
Reversed and remanded.