Opinion
Case No. 96-3551
Opinion filed March 26, 1997
Appeal of order denying rule 3.850 appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. Case No. 90-18200CF10.
Gregory Renard Washington, Raiford, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the trial court's denial of Appellant's rule 3.850 motion for post-conviction relief. Appellant's motion alleging that his counsel was ineffective was not refuted by the exhibits attached to the State's response and incorporated into the trial court's order. A claimant is entitled to an evidentiary hearing on an ineffective assistance of counsel claim if he specifies facts, not conclusively rebutted by the record, demonstrating counsel's deficiency in performance that prejudiced him. Rose v. State, 617 So.2d 291, 296 (Fla.), cert. denied, 510 U.S. 903, 114 S.Ct. 279, 126 L.Ed.2d 230 (1993). Therefore, the order denying relief is reversed and remanded to the trial court for an evidentiary hearing or attachment of further record excerpts.
REVERSED and REMANDED.
GUNTHER, C.J., WARNER and FARMER, JJ., concur.