¶1Appellant’s allegations that his trial counsel was ineffective in allowing a juror to serve on the jury after counsel was informed by appellant that the juror knew appellant and was hostile to him were sufficient to require the trial court to attach portions of the record which refuted claim or to hold an evidentiary hearing. See Gibbs v. State, 604 So.2d 544 (Fla. 1st DCA 1992). Since the trial court’s attachments do not refute appellant’s claim, we REVERSE and REMAND for further proceedings according to rule 3.850, Fla.R.Crim.P.
654 So. 2d 272
Brown v. State
District Court of Appeal of Florida
Decided May 1, 1995
District Court of Appeal of Florida · decided 1995-05-01
Relies on 604 So. 2d 544 - Gibbs v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1995-05-01
How this case has been cited
Cited by 9 later decisions — most recently August 2017
8 state decisions
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