JOSEPH COLONEL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOSEPH COLONEL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
700 So. 2d 150
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Because the record on appeal does not conclusively refute or otherwise show no entitlement to relief on the appellant’s facially viable claim of ineffective assistance of trial counsel raised in his motion filed under Florida Rule of Criminal Procedure 3.850, the order on appeal, which summarily denied the motion, is reversed and remanded to the trial court for the purpose of conducting an evidentiary hearing on the issues raised by the appellant’s motion. See Jones v. State, 693 So. 2d 1154 (Fla. 3d DCA 1997); Wilcox v. State, 622 So. 2d 132 (Fla. 3d DCA 1993).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Colonel v. State, 723 So. 2d 853 (Fla. 3d DCA 1998)…NESBITT, J. On Motion to Require Miami-Dade County to Pay Costs for Preparation of Transcript of Evidentiary Hearing on Motion for Post-Conviction Relief In Colonel v. State, 700 So. 2d 150 (Fla. 3d DCA 1997), this Court ordered an evidentia-ry hearing on Joseph Colonel’s 3.850 motion, which had been summarily denied by the lower court. Colonel has been declared indigent and is being represented by counsel on a pro bono basis. Colonel…
Authorities Cited
- Fonda v. State, 622 So. 2d 132 (Fla. 3d DCA 1993)
- Jones v. State, 693 So. 2d 1154 (Fla. 3d DCA 1997)