Lifhred v. State

¶1We reverse a summary denial of appellant’s rule 3.850 motion because two of the grounds were legally sufficient and were not refuted by the attached portions of the record: (1) appellant was deprived of the effective assistance of counsel because his counsel refused to allow him to testify notwithstanding appellant’s request to do so; and (2) appellant was deprived of effective assistance of counsel because counsel failed to move to sever the trials of co-defendants. We affirm the denial of the motion on the remaining grounds, but reverse for an evidentiary hearing or for attachments of portions of the record which would refute the above claims.