Opinion
No. 93-3085.
February 9, 1994.
Appeal of order denying rule 3.850 motion from the Circuit Court for Palm Beach County; Edward Rodgers, Judge.
Clifford Shelton, pro se appellant.
No appearance required for appellee.
We reverse the order of the trial court denying defendant's 3.850 motion without an evidentiary hearing. We remand for an evidentiary hearing on the issue of whether defense counsel's conduct, which resulted in the striking of two defense witnesses on the issue of insanity, constituted ineffective assistance of counsel, and if so, whether the exclusion of the witnesses materially prejudiced the defendant's insanity defense. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
DELL, C.J., and FARMER and PARIENTE, JJ., concur.