Robinson v. State

Full title: Bradley D. ROBINSON, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 20, 2005

900 So. 2d 689 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D04-2146.

April 20, 2005.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, James I. Cohn and Ana I. Gardiner, Judges; L.T. Case No. 97-10366 CF10A.

Bradley D. Robinson, Indiantown, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

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 evidentiary 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.