Opinion
Case No. 4D03-703
Opinion filed August 27, 2003
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 00-6821.
Leonard Jerome Smith, Lake City, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Linda Harrison, Assistant Attorney General, West Palm Beach, for appellee.
Appellant, Leonard Jerome Smith, appeals the trial court order summarily denying his motion for post-conviction relief alleging eight claims of ineffective assistance of trial counsel. We affirm as to claims one through seven, but reverse and remand as to ground eight.
Appellant argues that counsel was ineffective in advising him not to testify at trial. The trial court's attachment of portions of the record identified in the state's response did not conclusively refute this claim. We therefore reverse and remand for an evidentiary hearing on ground eight.
Affirmed in part, reversed in part and remanded.
STONE, KLEIN and TAYLOR, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.