Opinion
No. 99-1107
Opinion filed June 2, 1999
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. No. 97-13084 CF10A.
Cornelius Brayboy, Indiantown, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, for appellee.
The order summarily denying postconviction relief is reversed. Since appellant was convicted and sentenced on October 12, 1998, his motion for postconviction relief was not untimely. See Fla.R.Crim.P. 3.850(b). To the extent that appellant has alleged errors and omissions by trial counsel, such matters are cognizable in a Rule 3.850 motion. See Stewart v. State, 420 So.2d 862, 864 n.4 (Fla. 1982), cert. denied, 460 U.S. 1103, 103 S.Ct. 1802 (1983) ("Generally, ineffective assistance of counsel is a collateral matter which should be addressed through a motion for post-conviction relief."). Accordingly, we reverse and remand for attachment of portions of the record that conclusively refute appellant's claims or, alternatively, for an evidentiary hearing. See Fla.R.Crim.P. 3.850(d).
GUNTHER, WARNER and HAZOURI, JJ., concur.