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Sheriff v. State

District Court of Appeal of Florida, First District
May 24, 2001
784 So. 2d 1254 (Fla. Dist. Ct. App. 2001)

Opinion

No. 1D00-2624.

Opinion filed May 24, 2001.

An appeal from the Circuit Court for Bay County. Dedee S. Costello, Judge.

Reversed and Remanded.

Appellant, pro se.

Robert A. Butterworth, Attorney General, James W. Rogers, Assistant Attorney General, and Elizabeth Fletcher-Duffy, Assistant Attorney General, Tallahassee, for Appellee.


We reverse and remand this case for the trial court to conduct an evidentiary hearing or to attach portions of the record refuting the appellant's claim that defense counsel provided ineffective assistance by failing to file a motion to dismiss the charges. See Wright v. State, 617 So.2d 857 (Fla. 2d DCA 1993) (holding defense counsel provided ineffective assistance by recommending a plea); Collier v. State, 729 So.2d 954 (Fla. 1st DCA 1998) (holding defense counsel provided ineffective assistance even though the appellant signed a plea agreement expressing satisfaction with defense counsel's services).

Allen, Van Nortwick and Polston, JJ., concur.


Summaries of

Sheriff v. State

District Court of Appeal of Florida, First District
May 24, 2001
784 So. 2d 1254 (Fla. Dist. Ct. App. 2001)
Case details for

Sheriff v. State

Case Details

Full title:HAROLD SHERIFF, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 24, 2001

Citations

784 So. 2d 1254 (Fla. Dist. Ct. App. 2001)