Summary
reversing summary denial, without attachments, of postconviction motion alleging ineffective assistance of counsel in allowing to serve on jury a person whom the movant had informed counsel he knew and who was hostile to him
Summary of this case from Kitchen v. StateOpinion
No. 94-2664.
May 1, 1995.
Appeal from the Circuit Court, Alachua County, Robert Cates, J.
Richard Lee Brown, pro se.
Robert A. Butterworth, Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.
Appellant's allegations that his trial counsel was ineffective in allowing a juror to serve on the jury after counsel was informed by appellant that the juror knew appellant and was hostile to him were sufficient to require the trial court to attach portions of the record which refuted claim or to hold an evidentiary hearing. See Gibbs v. State, 604 So.2d 544 (Fla. 1st DCA 1992). Since the trial court's attachments do not refute appellant's claim, we REVERSE and REMAND for further proceedings according to rule 3.850, Fla.R.Crim.P.
BOOTH, JOANOS and LAWRENCE, JJ., concur.