THOMAS v. STATE

No. 93-557.

634 So.2d 1157 (1994)

Charles Jerome THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 22, 1994.


Attorney(s) appearing for the Case

Charles Jerome Thomas, appellant, pro se.

Robert A. Butterworth, Atty. Gen., and Joe S. Garwood, Asst. Atty. Gen., Tallahassee, for appellee.


BARFIELD, Judge.

Charles Jerome Thomas appeals the summary denial of his motion for post-conviction relief, which alleged ineffective assistance of counsel. We reverse.

The trial judge found that the defense attorney's actions or failure to act were "trial tactics" and denied the motion without an evidentiary hearing, citing Downs v. State, 453 So.2d 1102 (Fla. 1984), and Gonzalez v. State,

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