VINCENT TERRY
v.
STATE OF FLORIDA
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Vincent Terry appealed a trial court's order denying his motion for post-conviction relief based on ineffective assistance of counsel. The appellate court affirmed most of the trial court's decision but vacated and remanded one specific claim regarding counsel's opening the door to firearms evidence that was subject to an in limine order.
The court affirmed the trial court's order in all respects except the summary denial of the ineffective assistance of counsel claim regarding the firearms evidence. The court vacated and remanded for the trial court to either attach conclusive files and records showing Terry is not entitled to relief or to conduct further proceedings consistent with the appellate opinion.
[1] A trial court's summary denial of an ineffective assistance of counsel claim under Florida Rule of Criminal Procedure 3.850 must be accompanied by copies of files and rec…
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Join FLexlaw to unlock all legal intelligence“We affirm the trial court's order in all respects except for its summary denial of Appellant's claim that his counsel was ineffective when he opened the door to firearms evidence that was the subject of an order in limine”
Establishes that the appellate court partially affirmed and partially vacated the trial court's order
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Join FLexlaw to unlock all legal intelligenceTerry filed a post-conviction motion under Florida Rule of Criminal Procedure 3.850 challenging the effectiveness of his trial counsel. One of his cla…
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PER CURIAM.
We affirm the trial court’s order in all respects except for its summary denial of Appellant’s claim that his counsel was ineffective when he opened the door to firearms evidence that was the subject of an order in limine, which claim he brings to this Court as Issue Three, and which claim the trial court addressed as Ground One. We vacate and remand the trial court’s summary denial of that claim for attachment of a copy of that portion of the files and records in the case that conclusively shows Appellant is not entitled to relief as to the claim, see Fla. R. Crim. P. 3.850(f)(4), or, if there are no such files and records, for further proceedings consistent with this opinion.
AFFIRMED IN PART; VACATED IN PART; REMANDED WITH INSTRUCTIONS
EISNAUGLE, BOATWRIGHT, and PRATT, JJ., concur.