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Sykosky v. State

District Court of Appeal of Florida, First District
Oct 17, 2000
770 So. 2d 207 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D00-2677.

Opinion filed October 17, 2000.

An appeal from the Circuit Court for Okaloosa County, G. Robert Barron, Judge.

Wm. J. Sheppard, Esquire and D. Gray Thomas, Esquire of Sheppard, White and Thomas, P.A., Jacksonville, for Appellant.

Robert Butterworth, Attorney General; James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.


This appeal arises from an order summarily denying Joseph Sykosky's motion pursuant to rule 3.850, Florida Rules of Criminal Procedure. Mr. Sykosky alleges ineffective assistance of counsel on two grounds. First, he alleges that his trial counsel was ineffective for failing to ask for limiting and jury instructions on Williams rule evidence. Second, he alleges that his trial counsel was ineffective for failing to object to several instances of allegedly improper prosecutorial comment. The trial court summarily denied both claims without attaching any portion of the record conclusively refuting them. We therefore reverse and remand for an evidentiary hearing or for the trial court to specify and attach to an order portions of the record conclusively refuting the claims.

JOANOS, WOLF, and BENTON, JJ., CONCUR.


Summaries of

Sykosky v. State

District Court of Appeal of Florida, First District
Oct 17, 2000
770 So. 2d 207 (Fla. Dist. Ct. App. 2000)
Case details for

Sykosky v. State

Case Details

Full title:JOSEPH F. SYKOSKY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 17, 2000

Citations

770 So. 2d 207 (Fla. Dist. Ct. App. 2000)