POWELL v. STATE

No. 95-3761.

673 So.2d 119 (1996)

Andre J. POWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 8, 1996.


Attorney(s) appearing for the Case

Andre Jerome Powell, Raiford, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We reverse the trial court's denial of appellant's rule 3.850 motion and remand with alternative direction; namely, either to (1) attach to the record such exhibits which conclusively establish trial counsel was not ineffective for his failure to strike Juror Benner, or (2) conduct an evidentiary hearing on that sole issue. None of appellant's remaining claims reflect error.

The trial court chose to attach to its order only the state's response...

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