Opinion
No. 4D05-4748.
February 22, 2006.
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. 02-5030 CF10B.
Nicholas Coney, Belle Glade, pro se.
No appearance required for appellee.
We reverse the trial court's order denying defendant's rule 3.850 motion alleging ineffective assistance of trial counsel in that counsel performed below the acceptable level by failing to raise the defective Miranda warning issue. See Stancle v. State, 917 So.2d 911, 913 (Fla. 4th DCA 2005) (allegation that trial counsel was ineffective in failing to move for suppression of statement made after defective Miranda warnings was legally sufficient). On remand the court shall either attach portions of the record refuting the claim or hold an evidentiary hearing on the claim.
Reversed And Remanded With Directions.
FARMER, KLEIN, and MAY, JJ., concur.
Not final until disposition of timely filed motion for rehearing.