Opinion
No. 4D01-367.
September 12, 2001.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joyce A. Julian, Judge; L.T. Case No. 96-2693 CF10.
Henry Wright, Florida City, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.
This is Henry Wright's appeal from an order summarily denying his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion, with its amendment, presented several claims of ineffective assistance of trial counsel.
Wright claims that counsel was ineffective for having failed to investigate and summon co-defendant James Dixon as a defense witness and for having failed to strike juror Cynthia King. We find that these two issues warrant an evidentiary hearing as they are facially sufficient and not refuted by the record. See e.g. Schopper v. State, 26 Fla. L. Weekly D1389 (Fla. 5th DCA June 1, 2001); Brooks v. State, 710 So.2d 595 (Fla. 1st DCA 1998); Franco v. State, 777 So.2d 1138 (Fla. 4th DCA 2001). The remaining issues are either legally insufficient or are conclusively refuted by the portions of the record provided.
WARNER, FARMER and HAZOURI, JJ., concur.