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704 So. 2d 224

Saunders v. State

District Court of Appeal of Florida

Decided January 21, 1998

District Court of Appeal of Florida · decided 1998-01-21

Cited by 1 later decisions — most recently May 2002

1 state decisions

Relies on Strickland v. Washington · 489 So. 2d 15 - Groover v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-01-21

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PER CURIAM.

¶1Appellant asserted in his motion for post conviction relief and amendment to that motion several claims of ineffective assistance of his trial counsel, denial of the right to testify, double jeopardy and illegal habitual offender sentencing. The trial court summarily de*225nied post conviction relief as to all of the grounds asserted.

¶2We affirm as to the claims of denial of the right to testify, double jeopardy and illegal habitual offender sentencing, but reverse and remand on certain claims of ineffective assistance of trial counsel. See Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984); Groover v. State, 489 So.2d 15 (Fla.1986). We reverse and remand for attachment of portions of the record refuting appellant’s claims of ineffective assistance of counsel for failure to investigate an insanity defense and appellant’s competency, and to call witnesses relating to those defenses, or for an evidentiary hearing on these claims.

¶3REVERSED AND REMANDED.

POLEN and STEVENSON, JJ., and PARIENTE, BARBARA J., Associate Judge, concur.
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