Opinion
No. 1D01-2908.
May 7, 2002.
An appeal from the Circuit Court for Duval County. Lance M. Day, Judge.
Appellant, pro se.
Robert A. Butterworth, Attorney General, Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.
We reverse and remand the case for the trial court to conduct an evidentiary hearing or to attach portions of the record conclusively refuting the appellant's claim that defense counsel provided ineffective assistance by erroneously advising the appellant on the principal theory for armed robbery. We affirm the trial court's denial of the appellant's remaining claims.
AFFIRMED in part, REVERSED in part, and REMANDED.
ERVIN, BENTON and POLSTON, JJ., concur.