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IROH v. STATE

No. 3D00-3613.

789 So.2d 1210 (2001)

Maduabuchuku IROH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 18, 2001.

Attorney(s) appearing for the Case

Maduabuchuku Iroh, in proper person.

Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before JORGENSON, COPE and GREEN, JJ.

PER CURIAM.

Maduabuchuku Iroh appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. As the record does not conclusively refute appellant's sworn claim that his counsel was ineffective for misadvising him that duress was not a defense in his case, we remand for an evidentiary hearing. Fla.R.App.P. 9.141(b)(2)(D); see State v. Nieto, 761 So.2d 467 (Fla. 3d DCA 2000); Fla...

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