Gholston v. State

Randy Leon Gholston has filed a timely motion for post-conviction relief pursuant to Rule 3.850, alleging two grounds for finding ineffective assistance of counsel and that the State knowingly relied upon perjured testimony during the trial. The State filed a response which included documents which were not a part of the trial record in support of the contention that there was no use of perjured testimony, knowing or otherwise. ‘We consider that the state’s admitted inability to refute the facially sufficient allegations ... without recourse to matters outside of the record, warrants reversal…