Opinion
No. 4D08-238.
July 8, 2009. Rehearing Denied August 24, 2009.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Eileen M. O'Connor, Judge; L.T. Case No. 01-17381 CF10A.
Daniel J. Matos, Bushnell, pro se.
Bill McCollum, Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the trial court's order summarily denying appellant's motion for post-conviction relief. On remand, the trial court shall conduct an evidentiary hearing or attach documents to its order conclusively refuting the appellant's motion.
STEVENSON, J., and KELLEY, GLENN, Associate Judge, concur.
GROSS, C.J., concurs in part and dissents in part with opinion.
GROSS, C.J., concurring in part and dissenting in part.
Reversal should be only on the issue that defense counsel's failure to prepare or investigate the fingerprint evidence rendered the plea involuntary.