Summary
reversing summary denial of postconviction motion where "we are unable to assess the significance, if any, of an error in the jury instruction on self defense"
Summary of this case from Bolduc v. StateOpinion
No. 4D08-1264.
May 20, 2009.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Krista Marx, Judge; L.T. Case No. 2003CF008327AXX.
Saul Ajpop, Arcadia, pro se.
Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.
Because we are unable to assess the significance, if any, of an error in the jury instruction on self defense, we reverse and remand to the trial court for the purpose either to hold an evidentiary hearing or attach portions of the record clearly refuting the claim that any Strickland prejudice has been shown.
Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
Reversed.
WARNER, FARMER and DAMOORGIAN, JJ., concur.