Opinion
No. 88-1021.
October 26, 1988.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Leroy H. Moe, Judge.
Thomas B. Woodward, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse and remand with directions that the trial court either attach portions of the record conclusively rebutting appellant's allegations set out in his motion for post-conviction relief, or, alternatively, that the trial court conduct an evidentiary hearing on appellant's claims of ineffective assistance of counsel specifically set out and sworn to in his motion.
ANSTEAD, WALDEN and STONE, JJ., concur.