Carter v. State

Carter appeals the trial court’s order denying his rule 3.850 motion to vacate a judgment of convictions and sentences without a hearing. On the facts presented, an evidentiary hearing should have been conducted.

After we affirmed the convictions and sentences, Carter v. State, 550 So.2d 1130 (Fla. 3d DCA 1989), rev. denied, 553 So.2d 1164 (Fla.1989), the appellant filed a motion to vacate the judgment and sentences on the ground of ineffective assistance of counsel. He alleged that his counsel was ineffective in failing to present an insanity defense and in failing to file a motion to…