RIOS v. STATE

No. 4D09-340.

16 So.3d 260 (2009)

Anthony RIOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 19, 2009.


Attorney(s) appearing for the Case

Anthony Rios, Miami, pro se.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We reverse the summary denial of one point in Anthony Rios's rule 3.850 motion and remand for further review following Rios's amendment of his motion. Rios pled to charges of attempted armed robbery. Rios alleges affirmative misadvice of counsel with respect to counsel's representation that there was insufficient evidence to impeach the victim's anticipated testimony that she was able to identify Rios as the perpetrator. He claims that had he known of...

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