AUSTIN v. STATE

No. 83-1510.

434 So.2d 350 (1983)

Roosevelt AUSTIN a/K/a Scott Albert, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 19, 1983.


Attorney(s) appearing for the Case

Roosevelt Austin, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.


PER CURIAM.

Because the appellant's motion for post-conviction relief raised one or more grounds which, if true, present a legally sufficient claim of ineffective assistance of counsel, we remand to the trial court to attach the portion of the record which conclusively shows that the defendant is not entitled to relief or to conduct an evidentiary hearing in accordance with Florida Rule of Criminal Procedure 3.850 and

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