Opinion
No. 3D00-546.
Opinion filed May 3, 2000.
An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Victoria Platzer, Judge, L.T. No. 96-40082.
Menelek Willis, in proper person.
Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.
Before JORGENSON, LEVY, and FLETCHER, JJ.
Menelek Willis appeals from the denial of his motion for postconviction relief alleging ineffective assistance of counsel. Because the record does not conclusively refute his claim, see Fla.R.App.P. 9.140(i), we reverse and remand for an evidentiary hearing on his claim that trial counsel should have moved to suppress his statements to police because they were obtained without an effective waiver, taking into specific consideration his age and his parents' absence from the questioning.
Reversed and remanded.