HARLEY v. STATE

No. 4D99-4080.

753 So.2d 693 (2000)

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

District Court of Appeal of Florida, Fourth District.

March 15, 2000.


Attorney(s) appearing for the Case

Jeffrey Harley, Arcadia, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Jeffrey Harley appeals the trial court's order denying his motion for post-conviction relief. We reverse on two points.

Harley's claim that counsel's failure to investigate an intoxication defense constituted ineffective assistance of trial counsel and requires an evidentiary hearing. Harley alleges sufficient facts to support the claim, i.e., he was intoxicated when the crimes occurred and he told his attorney of his intoxication.

The...

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