COOK v. STATE

No. SC94134.

792 So.2d 1197 (2001)

David COOK, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied August 24, 2001.


Attorney(s) appearing for the Case

Bret B. Strand, Assistant CCRC, and Rachel L. Day, Assistant CCRC, Office of the Capital Collateral Regional Counsel, Southern Region, Fort Lauderdale, FL, for Appellant.

Robert A. Butterworth, Attorney General, and Fariba N. Komeily and Lisa Rodriguez, Assistant Attorneys General, Miami, FL, for Appellee.


PER CURIAM.

David Cook appeals the trial court's summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. We find the trial court erred in denying relief without an evidentiary hearing and remand for an evidentiary hearing on Cook's claim that counsel was ineffective at the penalty phase for failing to investigate family history and possible mental health...

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