409 So. 2d 129

Jeffrey BROWN, Appellant, v. STATE of Florida, Appellee.

No. 81-465.

District Court of Appeal of Florida, Fifth District.

Jan. 27, 1982.

*130Terrence J. McWilliams and John H. Li-pinski, Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, James Dickson Crock and Richard B. Mar-tell, Asst. Attys. Gen., Daytona Beach, for appellee.

COBB, Judge.

Brown appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief in which he alleged his counsel provided ineffective assistance.1 Because Brown alleged a prima facie ground for relief,2 i.e., ineffective assistance of counsel,3 the trial court erred by denying the motion without conducting an evidentiary hearing or without attaching relevant portions of the file and record. See Fla.R.Crim.P. 3.850. This cause is therefore remanded for sixty (60) days in order for the trial court to either (1) attach that portion of the file and record that conclusively refutes the two meritorious allegations, or (2) conduct an evidentia-ry hearing to determine whether Brown’s motion to suppress was meritorious and whether his counsel ever contacted him regarding his defense prior to trial.4 Van Bever v. State, 405 So.2d 474 (Fla. 5th DCA 1981); Wade v. State, 402 So.2d 534 (Fla. 5th DCA 1981); Benton v. State, 401 So.2d 1114 (Fla. 5th DCA 1981); Stephens v. State, 399 So.2d 1106 (Fla. 5th DCA 1981).

REMANDED.

DAUKSCH, C. J., and COWART, J., concur.

Brown v. State
409 So. 2d 129

Case Details

Name
Brown v. State
Decision Date
Jan 27, 1982
Citations

409 So. 2d 129

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!