HENRY J. TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BARKETT, Judge.
This is a pro se appeal by the defendant pursuant to Rule of Appellate Procedure 9.140(g) governing appeals from summary denials of Florida Rule of Criminal Proce dure 3.850 motions for post-conviction relief.
The trial court denied the defendant’s motion without an evidentiary hearing. Defendant alleges ineffective assistance of counsel which is an allegation of a factual nature. The trial court incorrectly determined that the underlying appeal was dis-positive of this issue. See Jones v. State, 384 So. 2d 736 (Fla. 4th DCA 1980). Accordingly, we reverse for an evidentiary hearing solely on the issue of ineffective assistance of counsel. In all other respects the trial court’s order is affirmed.
AFFIRMED IN PART; REVERSED IN PART.
GLICKSTEIN and WALDEN, JJ., concur.
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Citator
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Buford v. State, 496 So. 2d 158 (Fla. 4th DCA 1986)…enying his motion for post-conviction relief. Appellant is entitled to an evidentiary hearing on the factual issue of whether counsel adequately informed him of his right affirmatively to elect sentencing under the guidelines. See Turner v. State, 454 So. 2d 803 (Fla. 4th DCA 1984). We remand for such a hearing. Whether the trial court should alter its action on appellant’s motion for post-conviction relief will hinge on the outcome of that hearing. GLICKSTEIN and WALDEN, JJ., concur. LETTS, J., disse…
Authorities Cited
- Jones v. State, 384 So. 2d 736 (Fla. 4th DCA 1980)