SMITH v. STATE

No. 3D11-1319.

66 So.3d 1082 (2011)

Pierre SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 10, 2011.


Attorney(s) appearing for the Case

Pierre Smith , in proper person.

Pamela Jo Bondi , Attorney General, for appellee.

Prior report: .


PER CURIAM.

Pierre Smith appeals the trial court's denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, he alleges three grounds for rule 3.850 relief. The third, an ineffective assistance of trial counsel claim, is a facially sufficient claim for rule 3.850 relief. The trial court, by summarily denying Smith's motion, has failed to conclusively refute this claim. Consequently, we reverse and remand...

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