Opinion
No. 83-2194.
October 4, 1983.
An Appeal under Fla.R.App.P. 9.140(g) from Circuit Court, Dade County; Theodore G. Mastos, Judge.
Clayton Way, in pro per.
Jim Smith, Atty. Gen., for appellee.
Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.
Because the appellant's motion for post-conviction relief raised one or more grounds which, if true, present a legally sufficient claim of ineffective assistance of counsel, we remand to the trial court to attach the portion of the record which conclusively shows that the defendant is not entitled to relief or to conduct an evidentiary hearing in accordance with Florida Rule of Criminal Procedure 3.850 and Walker v. State, 432 So.2d 727 (Fla. 3d DCA 1983).