STANLEY v. STATE

No. 1D02-4831.

844 So.2d 754 (2003)

John STANLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 9, 2003.


Attorney(s) appearing for the Case

James T. Miller, Jacksonville, for Appellant.

Charlie Crist, Attorney General, Kenneth D. Pratt, Assistant Attorney General, and Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant challenges the order by which the trial judge summarily denied his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We reverse the order because the motion sets forth colorable claims which are not conclusively refuted by attachments to the order.

The appellant alleged colorable claims that his trial counsel was ineffective for failing to call eight witnesses, including...

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