Opinion
No. 1D00-3734.
Opinion filed April 20, 2001.
An appeal from the Circuit Court for Bay County.
Affirmed in part, Reversed in part, and Remanded.
Honorable Dedee S. Costello Appellant, pro se, for Appellant.
Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
We reverse and remand this case for the trial court to conduct an evidentiary hearing or attach portions of the record conclusively refuting the claim that defense counsel was ineffective for failing to inform the appellant that voluntary intoxication was a defense to his robbery charges and the burglary charge in case number 98-1940G. See Richardson v. State, 723 So.2d 910, 911 (Fla. 1st DCA 1999); Kiser v. State, 678 So.2d 859, 860 (Fla. 1st DCA 1996). See also Thomas v. State, 734 So.2d 1138 (Fla. 1st DCA 1999) (reversing for further proceedings on voluntary intoxication claim even though the appellant pled guilty and indicated in a plea agreement he was satisfied with defense counsel's performance).
BENTON and POLSTON, JJ., Concur.
PADOVANO, J., Concurs with opinion.
For the reasons expressed in my concurring opinion in Odom v. State, No. 00-2007 (Fla. 1st DCA April 5, 2001), I join in the decision to remand this case to the trial court.