Curtis v. State

Full title: JAMES CURTIS a/k/a JAMES MALLORY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 12, 1997

689 So. 2d 423 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-4111

Opinion filed March 12, 1997

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Howard M. Zeidwig, Judge; L.T. Case No. 93-20793 CF.

James Curtis a/k/a James Mallory, Blountstown, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse only with respect to appellant's claim in his rule 3.850 motion that trial counsel failed to properly advise him that if he testified at trial, the jury would learn of his prior felony convictions. See generally Hicks v. State, 666 So.2d 1021 (Fla. 4th DCA 1996). The case is remanded for either attachment of portions of the file and records conclusively showing appellant was not entitled to relief, or for an evidentiary hearing concerning appellant's decision to testify in light of the said failure.

As to all other grounds alleged, we affirm the trial court's summary denial.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

WARNER, PARIENTE and SHAHOOD, JJ., concur.