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570 So. 2d 314

Docket No. 90-02255.

Dauer v. State

Frederick DAUER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 7, 1990.

Rehearing Denied November 27, 1990.

District Court of Appeal of Florida · decided 1990-09-07

Good law ✅— No negative treatment on recordhow we know

Decided 1990-09-07

How this case has been cited

Cited by 22 later decisions — most recently September 2013

22 state decisions

180199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1PER CURIAM.

¶2Frederick Dauer timely appeals the summary denial of his timely filed postconviction relief motion. In his motion, Dauer raises numerous grounds. With the exception of Dauer's allegations concerning ineffective assistance of counsel, we find that the trial judge correctly denied the motion.

¶3The trial judge made a determination that the motion sufficiently alleged grounds of ineffective assistance of trial counsel and ordered the state attorney to file an answer to the motion. While responsive to the motion, the state attorney's answer did not provide conclusive information to warrant the denial of the motion without an evidentiary hearing. In fact, the response primarily states that counsel's actions, or lack of, were tactical. The determination of whether or not defense counsel's actions were tactical is a conclusion best made by the trial judge following an evidentiary hearing. The portions of the records and files attached to the judge's order do not otherwise refute these particular allegations.

¶4Accordingly, we reverse the trial court's denial of appellant's motion with regard to the claims of ineffective assistance of trial counsel and remand the case to the trial court to conduct an evidentiary hearing.

¶5Reversed and remanded.

¶6SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.

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