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634 So. 2d 259

Rosemond v. State

District Court of Appeal of Florida · decided 1994-03-30

Key passage — most relied on by later courts

“the determination of whether defense counsel's actions were tactical is a conclusion best made by the trial judge following an evidentiary hearing.”

quoted by 1 later decision, including Jackson v. State

Relies on Chandler v. Dugger · 601 So. 2d 596 - Williams v. State · 594 So. 2d 352 - Harley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-03-30

How this case has been cited

Cited by 4 later decisions — most recently December 2013

4 state decisions

20199420002010decided

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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PER CURIAM.

¶1Rosemond challenges the summary denial of his motion for postconviction relief. We conclude that the trial court’s summary denial of the four ineffective assistance of counsel claims on the basis of their involving tactical decisions was erroneous. The order is deficient because it recites no basis upon which the trial court determined that the actions of trial counsel were tactical and because it does not have attached those portions of the record that support such a finding. Fla.R.Crim.Pro. 3.850(d); Williams v. State, 601 So.2d 596, 598-99 (Fla. 1st DCA 1992); see Boutwell v. State, 563 So.2d 798, 799 (Fla. 1st DCA 1990). Moreover, the determination of whether defense counsel’s actions were tactical is a conclusion best made by the trial judge following an eviden-tiary hearing. Davis v. State, 608 So.2d 540 (Fla. 2d DCA 1992); Harley v. State, 594 So.2d 352 (Fla. 2d DCA 1992). Accordingly, we reverse the summary denial of the ineffective assistance of counsel claims and remand with directions that the trial court either hold an evidentiary hearing or again deny the motion and attach portions of the record conclusively showing that Rosemond would be entitled to no relief on those claims. Davis, 608 So.2d at 540. We affirm the trial court’s summary denial of Rosemond’s remaining claim because it could or should have been raised on direct appeal. See Chandler v. Dugger, 634 So.2d 1066 (Fla.1994).

¶2AFFIRMED in part, REVERSED in part, and REMANDED.

ALLEN and WEBSTER, JJ., concur.BOOTH, J., concurs and dissents with written opinion.
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