Opinion
No. 4D04-2051.
February 2, 2005.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 98-4592 CF10A.
Barry Sneed, Bushnell, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.
In his motion for postconviction relief, appellant claims that his trial counsel was ineffective for failing to investigate and present a voluntary intoxication defense. Because the record does not conclusively refute this allegation, we reverse for an evidentiary hearing on the issue. See Kijewski v. State, 831 So.2d 757 (Fla. 4th DCA 2002).
WARNER, TAYLOR and MAY, JJ., concur.