GILYARD v. STATE

No. 1D03-2477.

872 So.2d 924 (2004)

Lamontaque GILYARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 21, 2004.


Attorney(s) appearing for the Case

Lamontaque Gilyard, pro se.

Charles J. Crist, Jr., Attorney General; Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant, Lamontaque Gilyard, appeals the denial of various postconviction claims. We affirm without discussion all but one claim. In appellant's second claim, he alleges his defense counsel was ineffective for failing to file a legally sufficient motion for a new trial. The trial court failed to address this claim. Accordingly, we reverse and remand for the trial court to either attach portions of the record conclusively refuting the appellant's...

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