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747 So. 2d 1048

Scott v. State

District Court of Appeal of Florida

Decided January 5, 2000

District Court of Appeal of Florida · decided 2000-01-05

Decided 2000-01-05

PER CURIAM.

¶1Earl Scott appeals the summary denial of his motion for post-conviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, in which he raised several grounds of ineffective assistance of counsel and trial court error. We reverse and remand for further proceedings on one of his claims.

¶2Scott alleges that his trial counsel was ineffective during his cross examination of identification witness Joe Adams. The record furnished to this court does not address this point.

¶3On remand the trial court should either conduct an evidentiary hearing or attach excerpts from the trial record that conclusively refute the allegations in the motion.

POLEN, FARMER and STEVENSON, JJ., concur.
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