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997 So. 2d 1139

Docket No. 3D08-2586.

Bacon v. State

Carlton Paul BACON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 19, 2008.

Rehearing Denied January 5, 2009.

District Court of Appeal of Florida · decided 2008-11-19

Relies on 980 So. 2d 1038 - Garzon v. State · Coulson v. State

Decided 2008-11-19

¶1Carlton Paul Bacon, in proper person.

¶2Bill McCollum, Attorney General, for appellee.

¶3Before SUAREZ, CORTIÑAS, and ROTHENBERG, JJ.

¶4Prior report: 970 So.2d 371.

¶5SUAREZ, J.

¶6Carlton Paul Bacon appeals from a trial court order denying his petition for relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.

¶7The trial court failed to address, in its order denying relief, the issue raised by Bacon in his amended 3.850 petition regarding trial counsel's failure to object to the "and/or" clause in the instructions on conspiracy that were read to the jury. We remand this sole issue to the trial court with instructions to address the merits of Bacon's claim in light of Garzon v. State,980 So.2d 1038 (Fla.2008), and, if the issue has no merit, to attach records that conclusively refutes the defendant's claims. We affirm the order on appeal in all other respects.

¶8Affirmed in part, reversed in part.

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