KEVIN PAULK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant challenges an order by which the trial court summarily denied his Florida Rule of Criminal Procedure 3.850 motion for postconvietion relief. The appellant’s motion included claims that his trial counsel was ineffective for fading to advise him of the defense of voluntary intoxication and for failing to investigate and present witnesses who would have supported such a defense. These claims were facially sufficient and were not refuted by the attachments to the order. See Hester v. State, — So. 2d —, 1998 WL 323517,. 23 Fla. L. Weekly D1567 (Fla. 1st DCA June 22, 1998). We accordingly reverse that portion of the order by which these claims were denied. The order is otherwise affirmed, and the case is remanded.
ERVIN, ALLEN and BROWNING, JJ., CONCUR.
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Szymanowski v. State, 771 So. 2d 10 (Fla. 4th DCA 2000)…tive defenses. We disagree and reverse and remand on this issue. See Smith v. State, 719 So. 2d 1017 (Fla. 4th DCA 1998); Bartley v. State, 689 So. 2d 372 (Fla. 1st DCA 1997); Jenkins v. State, 625 So. 2d 883 (Fla. 1st DCA 1993); and Paulk v. State, 723 So. 2d 909 (Fla. 1st DCA 1999). The other issues raised on appeal are without merit and we affirm the summary denial of appellant’s 3.850 motion on those issues. As for the second ineffective assistance issue discussed above, we reverse and remand for an evid…
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