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743 So. 2d 132

Naidus v. State

District Court of Appeal of Florida

Decided September 29, 1999

District Court of Appeal of Florida · decided 1999-09-29

Cited by 1 later decisions — most recently December 2000

1 state decisions

Relies on Soberon v. United States · Needler v. Valley National Bank of Arizona · 656 So. 2d 1253 - Harvey v. Dugger

Good law ✅— No negative treatment on recordhow we know

Decided 1999-09-29

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PER CURIAM.

¶1The order summarily denying appellant’s motion for postconviction relief is affirmed with respect to appellant’s claims of ineffective assistance of appellate counsel. See Downs v. State, 24 Fla. L. Weekly S231& n. 5, 740 So.2d 506, 509 n. 5 (Fla.1999) (claims of ineffective assistance of appellate counsel are not cognizable in a rule 3.850 motion for postconviction relief and are more appropriately raised in a petition for writ of habeas corpus). As for appellant’s claim that trial counsel was ineffective in conceding appellant’s guilt without his consent, the order is reversed and remanded for an evidentiary hearing, as the motion, files and record attachments do not conclusively establish that appellant is not entitled to relief. See Fla. R.Crim. P. 3.850(d); Harvey v. Dugger, 656 So.2d 1253, 1256 (Fla.1995); Nixon v. State, 572 So.2d 1336, 1339 (Fla.1990), cert. denied, 502 U.S. 854, 112 S.Ct. 164, 116 L.Ed.2d 128 (1991).

¶2AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR EV-IDENTIARY HEARING.

GUNTHER, STONE and SHAHOOD, JJ., concur.
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