Opinion
Case No. 97-1364
Opinion filed January 21, 1998 JANUARY TERM 1998
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. Case No. 91-18099CF10B.
Mickey Saunders, Miami, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.
Appellant asserted in his motion for post conviction relief and amendment to that motion several claims of ineffective assistance of his trial counsel, denial of the right to testify, double jeopardy and illegal habitual offender sentencing. The trial court summarily denied post conviction relief as to all of the grounds asserted.
We affirm as to the claims of denial of the right to testify, double jeopardy and illegal habitual offender sentencing, but reverse and remand on certain claims of ineffective assistance of trial counsel. See Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984);Groover v. State, 489 So.2d 15 (Fla. 1986). We reverse and remand for attachment of portions of the record refuting appellant's claims of ineffective assistance of counsel for failure to investigate an insanity defense and appellant's competency, and to call witnesses relating to those defenses, or for an evidentiary hearing on these claims.
REVERSED AND REMANDED
POLEN, STEVENSON, JJ., and PARIENTE, BARBARA J., Associate Judge, concur.