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617 So. 2d 1130

Ashton v. State

District Court of Appeal of Florida · decided 1993-05-12

Decided 1993-05-12

FARMER, Judge.

¶1A prisoner serving a life sentence for his conviction of first degree murder challenges in a collateral attack the effectiveness of his trial counsel. He contends in part that his lawyer failed to call two witnesses who would have testified that a co-defendant actually did the killing and coerced him to assist in covering-up the crime. His lawyer, he adds, told him that he could call the witnesses, both of whom had records, at a new trial after a reversal on appeal.

¶2Unfortunately the trial court’s summary denial of his rule 3.850 motion fails to have any attachments showing conclusively that movant is entitled to no relief; nor did the order conclude that the motion is insufficient.

¶3We reverse and remand for an evidentia-ry hearing or for attachment of those portions of the record conclusively demonstrat*1131ing that movant cannot possibly prevail on his motion.

¶4REVERSED AND REMANDED WITH DIRECTIONS.

GUNTHER, J., concurs.POLEN, J., concurs specially with opinion.
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