Arnold v. State

Full title: Herbert ARNOLD, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 5, 2007

961 So. 2d 998 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D06-3916.

July 5, 2007.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 01-4908 CF10A.

Herbert Arnold, Miami, pro se.

Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Herbert Arnold seeks review of an order that denied his multi-point rule 3.850 motion. We remand for the trial court to conduct an evidentiary hearing limited solely to Arnold's claim that counsel coerced him into waiving his right to testify. See, e.g., Oisorio v. State, 676 So.2d 1363, 1364-65 (Fla. 1996); Barrientos v. State, 929 So.2d 705 (Fla. 4th DCA 2006).

STONE, GROSS and HAZOURI, JJ., concur.