STEPHEN BASINSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-08-13
No. 96-3738
DELL, WARNER and POLEN, JJ., concur.
697 So. 2d 1015 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Stephen Basinski challenges the summary denial of his motion for postconviction relief. Appellant’s fourth ground for relief was a claim that his trial counsel was ineffective in failing to advise him of a possible defense, insanity by voluntary intoxication. Although the motion was denied for the reasons stated in the state’s response, incorporating record attachments, none of the attachments pertained to that claim. We cannot conclude that this ground is insufficient on its face and therefore reverse and remand for the attachment of portions of the record conclusively showing that appellant is not entitled to relief on this ground or for an evidentiary hearing on this issue. The order on appeal is affirmed in all other respects.

AFFIRMED IN PART; REVERSED IN PART, and REMANDED WITH DIRECTIONS.

DELL, WARNER and POLEN, JJ., concur.


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  • Cottle v. State, 733 So. 2d 963 (Fla. 1999)
    …3 (Fla. 5th DCA 1992) (citing United States ex rel. Caruso v. Zelinsky, 689 F. 2d 435, 437 (3d Cir. 1982)); accord Rosa v. State, 712 So. 2d 414, 415 (Fla. 4th DCA 1998); Gonzales v. State, 691 So. 2d 602, 603 (Fla. 4th DCA 1997); Van Dyke v. State, 697 So. 2d 1015, 1015 (Fla. 4th DCA 1997); Seymore v. State, 693 So. 2d 647, 647 (Fla. 1st DCA 1997); Lee v. State, 677 So. 2d 312, 313 (Fla. 1st DCA 1996); Steel v. State, 684 So. 2d 290, 291-92 (Fla. 4th DCA 1996); Hilligenn v. State, 660 So. 2d 361, 362 (Fla. 2d…
  • Rosa v. State, 712 So. 2d 414 (Fla. 4th DCA 1998)
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