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McPherson v. State

District Court of Appeal of Florida, Second District
Apr 6, 2001
787 So. 2d 104 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-2996.

Opinion filed April 6, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge.


Ira McPherson challenges the orders of the trial court denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court's denial of all the grounds in McPherson's motion except for his fourth ground wherein McPherson alleged counsel was ineffective for failing to call a witness at trial. Neither of the trial court's orders specifically addressed this ground. Because McPherson presented a facially sufficient claim, we reverse the trial court's order as it applies to ground four and remand for further proceedings. If the trial court again denies this claim without an evidentiary hearing, it shall attach those portions of the record which conclusively refute the claim. Anderson v. State, No. 2D00-3652 (Fla. 2d DCA Feb. 28, 2001).

Affirmed in part; Reversed and Remanded with instructions.

PARKER, A.C.J., and WHATLEY, J., Concur.


Summaries of

McPherson v. State

District Court of Appeal of Florida, Second District
Apr 6, 2001
787 So. 2d 104 (Fla. Dist. Ct. App. 2001)
Case details for

McPherson v. State

Case Details

Full title:IRA DEMETRIUS McPHERSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Apr 6, 2001

Citations

787 So. 2d 104 (Fla. Dist. Ct. App. 2001)