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697 So. 2d 1015

Basinski v. State

District Court of Appeal of Florida

Decided August 13, 1997

District Court of Appeal of Florida · decided 1997-08-13

Cited by 2 later decisions — most recently April 1999

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1997-08-13

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PER CURIAM.

¶1Appellant Stephen Basinski challenges the summary denial of his motion for postconviction relief. Appellant’s fourth ground for relief was a claim that his trial counsel was ineffective in failing to advise him of a possible defense, insanity by voluntary intoxication. Although the motion was denied for the reasons stated in the state’s response, incorporating record attachments, none of the attachments pertained to that claim. We cannot conclude that this ground is insufficient on its face and therefore reverse and remand for the attachment of portions of the record conclusively showing that appellant is not entitled to relief on this ground or for an *1016evidentiary hearing on this issue. The order on appeal is affirmed in all other respects.

¶2AFFIRMED IN PART; REVERSED IN PART, and REMANDED WITH DIRECTIONS.

DELL, WARNER and POLEN, JJ., concur.
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